Crimes Act 1914

Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters:

whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;

whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge;

if the operative is or was a law enforcement officer:

whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and

whether, to the operative’s knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation;

whether, to the operative’s knowledge, a court has made any adverse comment about the operative’s credibility and, if so, particulars of the comment;

whether the operative has made a false representation when the truth was required and, if so, particulars of the representation;

if there is anything else known to the operative that may be relevant to the operative’s credibility—particulars of the thing.

Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.

Subsection (2) does not apply to:

proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or

proceedings of a disciplinary nature against a law enforcement officer; or

investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.