Witness (Identity Protection) Act 2006

This section applies if a non-disclosure certificate for a protected person in relation to a proceeding is filed in a court in this jurisdiction.

If this section applies, in the proceeding – a question must not be asked of a witness, including the protected person, that may lead to the disclosure of the protected person's protected identity or where the protected person lives; and a witness, including the protected person, cannot be required to (and must not) answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected person's protected identity or where the protected person lives; and a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the protected person's protected identity or where the protected person lives.

For the purposes of this section, a person involved in the proceeding includes a person referred to in section 9(3).

The court may disclose to each party to the proceeding – that the court has been given a non-disclosure certificate for a person who may be required to give evidence in the proceeding; and what the certificate states.

The court may only disclose what the non-disclosure certificate states in the absence of the jury (if any) and the public.

If the court makes a disclosure about the non-disclosure certificate under subsection (4), the court must also inform the parties of the effect of the certificate.

This section applies despite any other Act, but subject to section 21.