Form of witness identity protection certificate
42BD Form of witness identity protection certificate
S. 42BD inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(a))).
A witness identity protection certificate for a local operative of a law enforcement agency in relation to an interstate proceeding must state the following—
if the local operative—
is known to a party to the interstate 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 interstate proceeding or any party's legal practitioner by a name—the operative's court name for the interstate proceeding; and
the period the local operative was involved in the investigation to which the interstate proceeding relates; and
the name of the agency; and
the date of the certificate; and
the grounds for giving the certificate; and
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 any allegations of professional misconduct against the local operative are outstanding and, if so, particulars of each allegation; and
whether, to the knowledge of the person giving the certificate, a court (in Victoria or elsewhere) has made any adverse comment about the local operative's credibility and, if so, particulars of the comment; and
whether, to the knowledge of the person giving the certificate, the local operative has made a false representation when the truth was required and, if so, particulars of the representation; and
if there is anything else known to the person giving the certificate that may be relevant to the local operative's credibility—particulars of the thing.
A witness identity protection certificate for a local operative must not contain information that may allow the operative's identity, or where the operative lives, to be revealed.
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