Statutory declaration by local operative
42BC Statutory declaration by local operative
S. 42BC inserted by No. 60/2004 s. 3.
Before a witness identity protection certificate is given for a local operative, the local operative must make a statutory declaration of the following matters—
whether the local operative has been convicted or found guilty of an offence (in Victoria or elsewhere) and, if so, particulars of each offence; and
whether any charges against the local operative for an offence are pending or outstanding (in Victoria or elsewhere) and, if so, particulars of each charge; and
if the local operative is or was a law enforcement officer—
whether the local operative has been found guilty of professional misconduct and, if so, particulars of each finding; and
whether, to the local operative's knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation; and
whether, to the local operative's knowledge, a court (in Victoria or elsewhere) has made any adverse comment about his or her credibility and, if so, particulars of the comment; and
whether the local operative has made a false representation when the truth was required and, if so, particulars of the representation; and
particulars of anything else known to the local operative that may be relevant to his or her credibility.
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.
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