Crimes Act 1914

A witness identity protection certificate for an operative in relation to a proceeding must state the following:

if the operative:

is known to a party to the proceeding or a party’s lawyer by a name other than the operative’s real name—that name (the assumed name); or

is not known to any party to the proceeding or any party’s lawyer by a name—the operative’s court name for the proceeding;

the period the operative was involved in the investigation to which the proceeding relates;

the name of the agency;

the date of the certificate;

the grounds for giving the certificate;

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 any allegations of professional misconduct against the operative are outstanding and, if so, particulars of each allegation;

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

whether, to the knowledge of the person giving the certificate, 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 person giving the certificate that may be relevant to the operative’s credibility—particulars of the thing.

A witness identity protection certificate for an operative must not contain information that may allow the operative’s identity, or where the operative lives, to be revealed.