EVIDENCE ACT 1977 - SECT 21G Form of witness identity protection certificate

EVIDENCE ACT 1977 - SECT 21G

21G Form of witness identity protection certificate

(1) A witness identity protection certificate for an operative of a law enforcement agency in relation to a proceeding must be in the approved form and state all of 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) a general description of the reasons for giving the certificate;

(f) whether the operative has been convicted of an offence, in Queensland or elsewhere, and, if so, particulars of each offence;

(g) whether a charge against the operative for an offence is outstanding, in Queensland or elsewhere, 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 allegation of professional misconduct against the operative is 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.

(3) For this section—

(a) a charge against a person for an offence is
"outstanding" until the charge is finally dealt with in any of the following ways—

(i) the charge is withdrawn;

(ii) the charge is dismissed by a court;

(iii) the person is discharged by a court;

(iv) the person is acquitted or convicted of the offence by a court; and

(b) an allegation of professional misconduct against a person is
"outstanding" if the allegation has not been finally dealt with.

(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure of information under subsection (1) (f) or (g) .

(5) In this section—


"charge" , for an offence, means a charge in any form, including, for example, the following—

(a) a charge on an arrest;

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382 ;

(c) a complaint under the Justices Act 1886 ;

(d) a charge by a court under the Justices Act 1886 , section 42 (1A) , or another provision of an Act;

(e) an indictment.

"false representation" does not include a representation made under—

(a) an authority, or a corresponding authority, under the Police Powers and Responsibilities Act 2000 , chapter 11 or 12 ; or

(b) an approval under the Crime and Corruption Act 2001 , chapter 3 , part 6A .

"law enforcement officer" means—

(a) a commission officer under the Crime and Corruption Act 2001 ; or

(b) a police officer.

"professional misconduct" means—

(a) corruption under the Crime and Corruption Act 2001 ; or

(b) misconduct or another ground for disciplinary action under—

(i) the Police Service Administration Act 1990 ; or

(ii) a law of another jurisdiction, or a foreign country, that corresponds to the Police Service Administration Act 1990 .