EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BD Form of witness identity protection certificate

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BD

    (1)     A witness identity protection certificate for a local operative of a law enforcement agency in relation to an interstate proceeding must state the following—

        (a)     if the local operative—

              (i)     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

              (ii)     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

        (b)     the period the local operative was involved in the investigation to which the interstate proceeding relates; and

        (c)     the name of the agency; and

        (d)     the date of the certificate; and

        (e)     the grounds for giving the certificate; and

        (f)     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

        (g)     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

        (h)     if the local operative is or was a law enforcement officer—

              (i)     whether the local 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 local operative are outstanding and, if so, particulars of each allegation; and

              (i)     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

        (j)     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

        (k)     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.

    (2)     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.

S. 42BE inserted by No. 60/2004 s. 3.