Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15mg
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15MG
Character Range: 229680–231623

15MG  Form of witness identity protection certificate

 (1) A witness identity protection certificate for an operative in relation to a proceeding must state the following:
 (a) if the operative:
 (i) 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
 (ii) 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;
 (b) the period the operative was involved in the investigation to which the proceeding relates;
 (c) the name of the agency;
 (d) the date of the certificate;
 (e) the grounds for giving the certificate;
 (f) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;
 (g) whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge;
 (h) if the operative is or was a law enforcement officer:
 (i) whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and
 (ii) whether any allegations of professional misconduct against the operative are outstanding and, if so, particulars of each allegation;
 (i) 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;
 (j) 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;
 (k) 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.

 (2) 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.