Witness identity protection certificate – giving
6 Witness identity protection certificate – giving
The chief officer of a law enforcement agency may give a certificate for an operative of the agency in relation to a proceeding if – the operative is, or may be required, to give evidence in the proceeding; and the chief officer is satisfied on reasonable grounds that the disclosure in the proceeding of the operative's identity or where the operative lives is likely to – endanger the safety of the operative or someone else; or prejudice any investigation.
The chief officer must make all reasonable enquiries to enable him or her to ascertain the information required to be included in the certificate by section 7.
A decision to give a witness identity protection certificate – is final; and cannot be impeached for informality or form; and cannot be appealed against, reviewed, called into question, quashed or invalidated in any court.
Subsection (3) does not prevent a decision to give a witness identity protection certificate being called into question in the course of any proceedings of a disciplinary nature against the person who made the decision.
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