{"id":"a-2011-46","name":"Crimes (Protection of Witness Identity) Act 2011","slug":"crimes-protection-of-witness-identity-act-2011","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"46 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23352,"registerId":"act-a-2011-46-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Protection of Witness Identity) Act 2011","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Protection of Witness Identity)\nAct 2011\nA2011-46\nRepublication No 4\nEffective: 17 December 2021\nRepublication date: 17 December 2021\nLast amendment made by A2021-33\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Crimes (Protection of Witness Identity) Act 2011 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n17 December 2021. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 17 December 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Protection of Witness Identity)\nAct 2011\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Purpose of Act 3\n7 Relationship to other laws 3\n8 Powers of party’s lawyer 3\nPart 2 Witness identity protection certificates for\noperatives\nDivision 2.1 Preliminary\n9 Meaning of relevant proceeding 4\n\nContents\nPage\ncontents 2 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Common law not affected by pt 2 4\nDivision 2.2 Witness identity protection certificates\n11 Giving certificates 4\n12 Form of certificates 5\n13 Filing and notification of certificates 8\n14 Effect of certificates 9\n15 Cancelling certificates 10\n16 Directions to jury 11\nDivision 2.3 Protection and disclosure of operative’s identity or\nwhere operative lives\n17 Orders to protect operative’s identity 11\n18 Authorised disclosure of operative’s identity—court leave or order 12\n19 Authorised disclosure of operative’s identity—chief officer notice 14\n20 Offences—disclosure of operative’s identity 15\nPart 3 Miscellaneous\n21 Annual report 17\n22 Mutual recognition of certificates under corresponding laws 18\n23 Delegation 18\n24 Regulation-making power 19\nDictionary 20\nEndnotes\n1 About the endnotes 23\n2 Abbreviation key 23\n3 Legislation history 24\n4 Amendment history 25\n5 Earlier republications 26\n\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Protection of Witness Identity)\nAct 2011\nAn Act to provide for the protection of the identity of operative witnesses\n\nPart 1 Preliminary\nSection 1\npage 2 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Crimes (Protection of Witness Identity) Act 2011.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘relevant proceeding, in relation to\nan operative—see section 9.’ means that the term ‘relevant proceeding’\nis defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Purpose of Act\nThe main purpose of this Act is to facilitate, for law enforcement\npurposes, investigations in relation to criminal activity or corrupt\nconduct, including investigations extending beyond the ACT, by—\n(a) providing for the protection of the identity of operatives; and\n(b) facilitating mutual recognition of witness identity protection\ncertificates under corresponding laws.\n7 Relationship to other laws\nThe following Acts do not apply in relation to activities, documents,\nand records under this Act:\n(a) the Freedom of Information Act 2016;\n(b) the Territory Records Act 2002.\n8 Powers of party’s lawyer\nFor this Act—\n(a) anything that may be done by a party to a proceeding may be\ndone by the party’s lawyer; and\n(b) a requirement to give something to a party to a proceeding is\nsatisfied by giving the thing to the party’s lawyer.\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.1 Preliminary\nSection 9\npage 4 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Witness identity protection\ncertificates for operatives\nDivision 2.1 Preliminary\n9 Meaning of relevant proceeding\nIn this Act:\nrelevant proceeding, in relation to an operative, means a proceeding\nin which the operative is, or may be, required to give evidence\nobtained as an operative.\n10 Common law not affected by pt 2\nTo remove any doubt, this part does not affect the operation of the\ncommon law in relation to the protection of the identity of a person if\nthe person—\n(a) is not an operative; and\n(b) gives or intends to give evidence in a proceeding.\nDivision 2.2 Witness identity protection\ncertificates\n11 Giving certificates\n(1) The chief officer of a law enforcement agency may give a certificate\n(a witness identity protection certificate) for an operative of the\nagency in relation to a relevant proceeding if the chief officer is\nsatisfied on reasonable grounds that revealing the operative’s identity\nor where the operative lives in the proceeding is likely to—\n(a) endanger the safety of the operative or someone else; or\n(b) prejudice any investigation.\nNote The chief officer may delegate a function under this section (see s 23).\n\nWitness identity protection certificates for operatives Part 2\nWitness identity protection certificates Division 2.2\nSection 12\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A decision to give a witness identity protection certificate—\n(a) is final and is not subject to appeal or review; and\n(b) must not be called into question, quashed or invalidated by a\ncourt.\n(3) Subsection (2) does not prevent a decision to give a witness identity\nprotection certificate being called into question in a proceeding of a\ndisciplinary nature against the person who made the decision.\n12 Form of certificates\n(1) A witness identity protection certificate for an operative of a law\nenforcement agency in a relevant proceeding must state the\nfollowing:\n(a) if the operative—\n(i) is known to a party to the proceeding or a party’s lawyer\nby a name other than the operative’s real name\n(an assumed name)—the operative’s assumed name; or\n(ii) is not known to any party to the proceeding or any party’s\nlawyer by a name—the operative’s court name for the\nproceeding;\n(b) the period the operative was involved in the investigation to\nwhich the proceeding relates;\n(c) the name of the agency;\n(d) the date of the certificate;\n(e) the grounds for giving the certificate;\n(f) whether the operative has been convicted or found guilty of an\noffence and, if so, details of each offence;\n(g) whether any charges against the operative for an offence are\npending or outstanding and, if so, details of each charge;\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.2 Witness identity protection certificates\nSection 12\npage 6 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) if the operative is or was a law enforcement officer—\n(i) whether the operative has been found guilty of professional\nmisconduct and, if so, details of each finding; and\n(ii) whether any allegations of professional misconduct against\nthe operative are outstanding and, if so, details of each\nallegation;\n(i) whether, to the knowledge of the person giving the certificate, a\ncourt has commented unfavourably about the operative’s\ncredibility and, if so, details of the comment;\n(j) whether, to the knowledge of the person giving the certificate,\nthe operative has made a false representation and, if so, details\nof the representation;\n(k) anything else the person giving the certificate knows that may\nbe relevant to the operative’s credibility.\n(2) A witness identity protection certificate for an operative must not\ncontain information that reveals, or may reveal, the operative’s\nidentity or where the operative lives.\n(3) The chief officer must make all reasonable enquiries to find out the\ninformation mentioned in subsection (1).\nNote The chief officer may delegate a function under this section (see s 23).\n(4) In this section:\nfalse representation does not include a representation made under an\nauthority under—\n(a) the Crimes (Assumed Identities) Act 2009; or\n\nWitness identity protection certificates for operatives Part 2\nWitness identity protection certificates Division 2.2\nSection 12\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the Crimes (Controlled Operations) Act 2008.\nNote A law enforcement officer of a law enforcement agency may be granted\nan authority to—\n(a) acquire or use an assumed identity under the Crimes (Assumed\nIdentities) Act 2009; or\n(b) conduct a controlled operation on behalf of the agency under the\nCrimes (Controlled Operations) Act 2008.\nlaw enforcement officer—see the Crimes (Assumed Identities)\nAct 2009, dictionary.\noutstanding—\n(a) a charge against a person for an offence is outstanding until the\ncharge is finally dealt with in any of the following ways:\n(i) the charge is withdrawn;\n(ii) the charge is dismissed by a court;\n(iii) the person is discharged by a court following a committal\nhearing;\n(iv) the person is acquitted, convicted or found guilty by a court\nof the offence.\nNote Found guilty, of an offence—see the Legislation Act, dictionary,\npt 1.\n(b) an allegation of professional misconduct against a person\nis outstanding if the allegation has not been finally dealt with in\naccordance with—\n(i) the Australian Crime Commission Act 2002 (Cwlth); or\n(ii) the Australian Federal Police Act 1979 (Cwlth).\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.2 Witness identity protection certificates\nSection 13\npage 8 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npending—a charge against a person for an offence is pending if the\nperson has not yet been charged with the offence, but the person\nhas—\n(a) been arrested for the offence (unless the person is later released\nwithout being charged with an offence); or\n(b) been served with a summons to appear before a court to answer\na charge for the offence.\nprofessional misconduct means misconduct or a breach of discipline\nunder—\n(a) the Australian Crime Commission Act 2002 (Cwlth); or\n(b) the Australian Federal Police Act 1979 (Cwlth); or\n(c) a law of another jurisdiction that corresponds to the Australian\nFederal Police Act 1979 (Cwlth); or\n(d) a law of a foreign country that corresponds to the Australian\nFederal Police Act 1979 (Cwlth).\n13 Filing and notification of certificates\n(1) A witness identity protection certificate for an operative in a relevant\nproceeding must be filed in the court dealing with the proceeding\nbefore the operative gives evidence in the proceeding.\n(2) A person who files a certificate under subsection (1) must give a copy\nto—\n(a) each party to the proceeding by the relevant day; and\n(b) if the court orders the person to give a copy to someone else—\nthat person.\n\nWitness identity protection certificates for operatives Part 2\nWitness identity protection certificates Division 2.2\nSection 14\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nrelevant day means—\n(a) the day 14 days before the operative is to give evidence; or\n(b) if a party agrees to a day less than 14 days before the operative\nis to give evidence—that day.\n14 Effect of certificates\n(1) This section applies if a person files a witness identity protection\ncertificate for an operative under section 13 (1) and—\n(a) the person complies with section 13 (2); or\n(b) the person does not comply with section 13 (2), but the court\ngives leave for this section to apply despite the non-compliance.\n(2) The operative may give evidence in the proceeding under the\noperative’s—\n(a) assumed name; or\n(b) court name for the proceeding.\nNote A witness identity protection certificate must state either an operative’s\nassumed name or court name for the proceeding—see s 12 (1) (a).\n(3) A witness must not—\n(a) be asked a question if the answer may reveal the operative’s\nidentity or where the operative lives; and\n(b) answer a question, give evidence or provide information that\nreveals, or may reveal, the operative’s identity or where the\noperative lives.\n(4) A person involved in the proceeding must not make a statement that\nreveals, or may reveal, the operative’s identity or where the operative\nlives.\n(5) Subsections (3) and (4) apply subject to section 18.\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.2 Witness identity protection certificates\nSection 15\npage 10 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\nperson involved in the proceeding means any of the following:\n(a) the court dealing with the proceeding;\n(b) a party to the proceeding;\n(c) a person given leave to be heard or make submissions in the\nproceeding;\n(d) a lawyer—\n(i) representing a person referred to in paragraph (b) or (c); or\n(ii) assisting the court in the proceeding;\n(e) an officer of the court or person assisting the court in the\nproceeding;\n(f) a person executing any process or enforcing an order in the\nproceeding.\n15 Cancelling certificates\n(1) This section applies if the chief officer of a law enforcement agency\ngives a witness identity protection certificate for an operative of the\nagency in a relevant proceeding.\n(2) The chief officer must cancel the certificate if the chief officer\nconsiders that the certificate is no longer necessary or appropriate to\nprevent disclosure of the operative’s identity or where the operative\nlives.\n(3) If the chief officer cancels the certificate after it has been filed in a\ncourt, the chief officer must give written notice of the cancellation (a\ncancellation notice) to—\n(a) the court dealing with the proceeding (by filing the cancellation\nnotice in court); and\n\nWitness identity protection certificates for operatives Part 2\nProtection and disclosure of operative’s identity or where operative lives Division 2.3\nSection 16\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) each party to the proceeding\nNote The chief officer may delegate a function under this section (see s 23).\n16 Directions to jury\n(1) This section applies if—\n(a) a witness identity protection certificate for an operative in a\nrelevant proceeding is filed in a court dealing with the\nproceeding; and\n(b) there is a jury in the proceeding; and\n(c) the operative gives evidence in the proceeding.\n(2) The court must tell the jury that the jury must not give the operative’s\nevidence any more or less weight, or draw any inference against the\ndefendant or another party to the proceeding, because—\n(a) there is a witness identity protection certificate for the operative;\nor\n(b) if the court has made an order under section 17 (1) or\nsection 18 (7), (8) or (9)—the court order has been made.\n(3) However, the court may refuse to direct the jury if the court considers\nthat it would be inappropriate to give the direction.\nDivision 2.3 Protection and disclosure of\noperative’s identity or where\noperative lives\n17 Orders to protect operative’s identity\n(1) If a witness identity protection certificate for an operative is filed in a\ncourt, the court may make any order it considers necessary or\ndesirable to prevent disclosure of the operative’s identity or where the\noperative lives.\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.3 Protection and disclosure of operative’s identity or where operative lives\nSection 18\npage 12 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if—\n(a) an order has been made under subsection (1); and\n(b) the person is reckless about whether an order has been made\nunder subsection (1); and\n(c) the person contravenes the order.\nMaximum penalty: imprisonment for 2 years.\nNote The fault element of recklessness can be satisfied by proof of intention,\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n(3) Subsection (2) does not limit the court’s power to punish for\ncontempt.\n18 Authorised disclosure of operative’s identity—court leave\nor order\n(1) This section applies if a witness identity protection certificate for an\noperative in a relevant proceeding is filed in a court dealing with the\nproceeding.\n(2) A party to the proceeding, or a lawyer assisting the court in the\nproceeding, may apply to the court—\n(a) for leave—\n(i) to ask a witness a question that may reveal the operative’s\nidentity or where the operative lives; or\n(ii) for a person involved in the proceeding to make a statement\nthat reveals, or may reveal, the operative’s identity or\nwhere the operative lives; or\n(b) for an order requiring a witness to answer a question, give\nevidence or provide information that reveals, or may reveal, the\noperative’s identity or where the operative lives.\n\nWitness identity protection certificates for operatives Part 2\nProtection and disclosure of operative’s identity or where operative lives Division 2.3\nSection 18\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The court may—\n(a) give leave for a person to do anything mentioned in\nsubsection (2) (a); or\n(b) make an order requiring a witness to do anything mentioned in\nsubsection (2) (b).\n(4) However, the court must not give leave or make an order under\nsubsection (3) unless satisfied that—\n(a) there is evidence that, if accepted, would substantially challenge\nthe operative’s credibility; and\n(b) it would be impractical to properly test the operative’s\ncredibility without disclosing, or risking disclosure of, the\noperative’s identity or where the operative lives; and\n(c) it is in the interests of justice for the operative’s credibility to be\ntested.\n(5) If there is a jury in the proceeding, the application must be heard in\nthe absence of the jury.\n(6) Unless the court considers that the interests of justice require\notherwise, the court must be closed when—\n(a) the application is made; and\n(b) if the court gives leave or makes an order under subsection (3)—\nthe question is asked and answered, the statement is made, the\nevidence is given or the information is provided.\n(7) The court must make an order suppressing the publication of anything\nsaid when—\n(a) the application is made; and\n(b) if the court gives leave or makes an order under subsection (3)—\nthe question is asked and answered, the statement is made, the\nevidence is given or the information is provided.\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.3 Protection and disclosure of operative’s identity or where operative lives\nSection 19\npage 14 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) Subsection (7) does not prevent a transcript of court proceedings\nbeing taken, but the court may make an order about dealing with the\ntranscript, including an order suppressing its publication.\n(9) The court may make any other order it considers appropriate to\nprevent disclosure of the operative’s identity or where the operative\nlives.\n(10) A person commits an offence if—\n(a) an order has been made under subsection (7), (8) or (9); and\n(b) the person is reckless about whether the order has been made;\nand\n(c) the person contravenes the order.\nMaximum penalty: imprisonment for 2 years.\nNote The fault element of recklessness can be satisfied by proof of intention,\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n(11) Subsection (10) does not limit the court’s power to punish for\ncontempt.\n(12) In this section:\nperson involved in the proceeding—see section 14 (6).\n19 Authorised disclosure of operative’s identity—chief\nofficer notice\n(1) This section applies if the chief officer of a law enforcement agency\ngives a witness identity protection certificate for an operative of the\nagency in a relevant proceeding.\n(2) The chief officer may, by written notice, allow a person to give\ninformation outside the proceeding that reveals, or may reveal, an\noperative’s identity or where the operative lives if the chief officer\nconsiders it necessary or appropriate for the information to be given.\n\nWitness identity protection certificates for operatives Part 2\nProtection and disclosure of operative’s identity or where operative lives Division 2.3\nSection 20\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The notice—\n(a) must state—\n(i) the information that may be given; and\n(ii) who may give the information; and\n(iii) to whom the information may be given; and\n(b) may state how the information may be given.\nNote The chief officer may delegate a function under this section (see s 23).\n20 Offences—disclosure of operative’s identity\n(1) A person commits an offence if—\n(a) a witness identity protection certificate for an operative in a\nrelevant proceeding has been given; and\n(b) the person is reckless about whether the certificate has been\ngiven; and\n(c) the certificate has not been cancelled under section 15; and\n(d) the person is reckless about whether the certificate has not been\ncancelled under section 15; and\n(e) the person recklessly does something (the disclosure action)\nthat reveals, or is likely to reveal, the operative’s identity or\nwhere the operative lives; and\n(f) the disclosure action is not—\n(i) authorised by leave or an order under section 18; or\n(ii) allowed under section 19; and\n(g) the person is reckless about whether the disclosure action is\nnot—\n(i) authorised by leave or an order under section 18; or\n\nPart 2 Witness identity protection certificates for operatives\nDivision 2.3 Protection and disclosure of operative’s identity or where operative lives\nSection 20\npage 16 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) allowed under section 19.\nMaximum penalty: imprisonment for 2 years.\nNote The fault element of recklessness can be satisfied by proof of intention,\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n(2) Absolute liability applies to subsection (1) (a), (c) and (f).\n(3) A person commits an offence if the person commits an offence\nagainst subsection (1) in circumstances in which the person is\nreckless—\n(a) as to whether the disclosure action endangers, or will endanger,\nthe health or safety of anyone; or\n(b) about whether the disclosure action prejudices, or will prejudice,\nthe effective conduct of an investigation.\nMaximum penalty: imprisonment for 10 years.\nNote The fault element of recklessness can be satisfied by proof of intention,\nknowledge or recklessness (see Criminal Code, s 20 (4)).\n\nMiscellaneous Part 3\nSection 21\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Miscellaneous\n21 Annual report\n(1) For each financial year, the chief officer of a law enforcement agency\nmust prepare a report about any witness identity protection\ncertificates given by the chief officer during the year.\n(2) The report must include—\n(a) the number of witness identity protection certificates given\nduring the year; and\n(b) why the chief officer was satisfied under section 11 (1) for each\ncertificate; and\n(c) if leave was given or an order made in a proceeding under\nsection 18—details of the proceeding; and\n(d) if a witness identity protection certificate was cancelled under\nsection 15—why the certificate was cancelled; and\n(e) if a person was allowed to give information under section 19—\nwhy the information was allowed to be given; and\n(f) any other information about witness identity protection\ncertificates or the operation of this Act that the Minister\nconsiders appropriate.\n(3) The report must not include information that reveals, or may reveal,\nan operative’s identity or where the operative lives, unless the witness\nidentity protection certificate for the operative has been cancelled.\n(4) The chief officer must give the report to the Minister as soon as\npracticable after the end of the financial year.\n(5) The Minister must present the report to the Legislative Assembly\nwithin 15 sitting days after receiving the report from the chief officer.\n\nPart 3 Miscellaneous\nSection 22\npage 18 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Mutual recognition of certificates under corresponding\nlaws\n(1) The following provisions apply, with any necessary changes, to a\ncorresponding witness identity protection certificate as if it were a\nwitness identity protection certificate given under section 11:\n(a) section 13 (Filing and notification of certificates);\n(b) section 14 (Effect of certificates);\n(c) section 16 (Directions to jury);\n(d) section 17 (Orders to protect operative’s identity);\n(e) section 18 (Authorised disclosure of operative’s identity—court\nleave or order);\n(f) section 20 (Offences—disclosure of operative’s identity).\n(2) In this section:\ncorresponding witness identity protection certificate means a\nwitness identity protection certificate given under a provision of a\ncorresponding law that corresponds to section 11.\n23 Delegation\n(1) Despite any other territory law, the functions of a chief officer of a\nlaw enforcement agency under this Act must not be delegated to\nanyone else.\n(2) However, a chief officer of a law enforcement agency may delegate\nto a senior officer of the law enforcement agency any of the chief\nofficer’s functions under this Act.\n(3) In this section:\nsenior officer means—\n(a) in relation to the Australian Federal Police—a police officer of\nthe rank of commander (or a higher rank); or\n\nMiscellaneous Part 3\nSection 24\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in relation to the Australian Crime Commission—\n(i) the Director National Operations; or\n(ii) a position of the Australian Crime Commission prescribed\nby regulation; or\n(c) in relation to the integrity commission––a position of the\nintegrity commission prescribed by regulation.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n24 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\npage 20 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• chief police officer\n• Commonwealth\n• financial year\n• found guilty\n• function\n• in relation to\n• integrity commission\n• integrity commissioner\n• Legislative Assembly\n• Minister (see s 162)\n• police officer\n• position\n• territory law.\nassumed name, for an operative—see section 12 (1) (a) (i).\nAustralian Crime Commission means the Australian Crime\nCommission established by the Australian Crime Commission\nAct 2002 (Cwlth).\nchief officer means—\n(a) in relation to the Australian Federal Police—the chief police\nofficer; and\n(b) in relation to the Australian Crime Commission—the chief\nexecutive officer of the Australian Crime Commission; and\n(c) in relation to the integrity commission––the integrity\ncommissioner.\n\nDictionary\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nconduct includes an act or omission.\ncorresponding law means a law of another jurisdiction that\ncorresponds to the provisions of this Act, and includes a law of\nanother jurisdiction that is declared by regulation to correspond to this\nAct.\ncorrupt conduct—see the Integrity Commission Act 2018, dictionary.\ncourt includes a tribunal or person authorised to receive evidence by\nlaw or consent of parties to a proceeding.\ncourt name, for an operative in relation to a relevant proceeding,\nmeans a code or name, other than the operative’s real name, used to\nidentify the operative in the proceeding.\ncriminal activity means conduct that involves the commission of an\noffence by 1 or more people.\ninvestigation—\n(a) means an investigation in relation to criminal activity or corrupt\nconduct; and\n(b) includes an investigation extending beyond the ACT.\njurisdiction means the Commonwealth or a State or Territory of the\nCommonwealth.\nlaw enforcement agency means—\n(a) the Australian Federal Police; or\n(b) the Australian Crime Commission; or\n(c) the integrity commission.\noperative means a person who is, or was—\n(a) authorised to acquire and use an assumed identity under the\nCrimes (Assumed Identities) Act 2009; or\n(b) a participant in an authorised operation under the Crimes\n(Controlled Operations) Act 2008.\n\nDictionary\npage 22 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nparty, to a proceeding, means—\n(a) for a criminal proceeding—the prosecutor and each accused\nperson; or\n(b) for a civil proceeding—each person who is a litigant to the\nproceeding; or\n(c) for any other proceeding—each person who may appear or give\nevidence in the proceeding.\nproceeding—\n(a) means a criminal, civil or other proceeding or inquiry, reference\nor examination in which evidence is or may be given by law or\nconsent of parties to the proceeding; and\n(b) includes an arbitration.\nrelevant proceeding, in relation to an operative—see section 9.\nwitness, in relation to a relevant proceeding, includes an operative.\nwitness identity protection certificate—see section 11 (1).\n\nEndnotes\nAbout the endnotes 1\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 24 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCrimes (Protection of Witness Identity) Act 2011 A2011-46\nnotified LR 7 November 2011\ns 1, s 2 commenced 7 November 2011 (LA s 75 (1))\nremainder commenced 8 November 2011 (s 2)\nas amended by\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.6 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.6 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.7 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 6\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 6 commenced 17 December 2021 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR4\n17/12/21\nCrimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nPurpose of Act\ns 6 am A2018-52 amdt 1.48\nRelationship to other laws\ns 7 am A2016-55 amdt 4.8\nDelegation\ns 23 am A2018-52 amdt 1.49; A2021-33 s 14\nDictionary\ndict am A2018-52 amdt 1.50\ndef chief officer am A2018-52 amdt 1.51\ndef corrupt conduct ins A2018-52 amdt 1.52\ndef investigation am A2018-52 amdt 1.53\ndef law enforcement agency am A2018-52 amdt 1.54\n\nEndnotes\n5 Earlier republications\npage 26 Crimes (Protection of Witness Identity) Act 2011\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n8 Nov 2011\n8 Nov 2011–\n31 Dec 2017\nnot amended new Act\nR2\n1 Jan 2018\n1 Jan 2018–\n30 Nov 2019\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\nR3\n1 Dec 2019\n1 Dec 2019–\n16 Dec 2021\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2011 Act applied only to the Australian Federal Police and Australian Crime Commission. Amendments in 2018 (commenced 2019) expanded scope to include the ACT Integrity Commission and 'corrupt conduct' investigations, not just criminal activity. The 2021 amendments further refined delegation powers for the Integrity Commission. The Act has grown from a purely federal law enforcement tool to one encompassing ACT local integrity investigations."},"complexity_factors":["Moderate cross-referencing with other ACT legislation (Crimes (Assumed Identities) Act 2009, Crimes (Controlled Operations) Act 2008, Integrity Commission Act 2018, Australian Federal Police Act 1979, Australian Crime Commission Act 2002)","Multiple defined terms in the Dictionary section (approximately 15-20 key definitions including nested definitions like 'outstanding' and 'pending' charges)","Conditional logic requiring satisfaction of multiple cumulative criteria for court-ordered disclosure (section 18(4) requires three separate conditions: substantial challenge to credibility, impracticality of testing without disclosure, and interests of justice)","Layered offence provisions with alternative fault elements and aggravated offences (section 20 creates base offence with recklessness, plus aggravated version with higher penalty requiring additional recklessness as to endangerment or prejudice)","Mutual recognition mechanism applying 6 separate sections to corresponding interstate certificates with 'necessary changes' (section 22)","Delegation restrictions with exceptions (section 23 prohibits delegation generally but allows specific delegation to senior officers with rank-based qualifications)","Interaction with common law preserved (section 10) while creating statutory scheme that partially displaces it for operatives"],"plain_english_summary":"This Act lets law enforcement issue witness identity protection certificates so undercover officers and covert operatives can give evidence under assumed names or court code names, shielding their real identities to protect safety and investigations. It binds courts, parties and the public to non‑disclosure, requires relevant credibility material (like criminal or misconduct history) to be provided under the alias, criminalises breaches, and permits limited disclosure only in exceptional cases where testing credibility is necessary for a fair trial."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Endnotes record amendments to the Act after enactment, including an amendment to the stated purpose (s 6) and to definitions and delegation rules (see Amendment history: A2018-52; A2021-33). Those recorded changes mean the current text expands and clarifies which agencies and functions are covered (eg definition of law enforcement agency, delegation in s 23) and explicitly contemplates investigations extending beyond the ACT and mutual recognition with corresponding laws (s 6; s 22)."},"complexity_factors":["Finality of executive decisions: chief officer certificates are final and not reviewable (s 11(2)), limiting judicial review avenues.","Delegation and limits: chief officers may delegate only to specified senior officers (s 23), requiring strict institutional controls.","Tension between secrecy and fair trial: courts may permit limited disclosure to test credibility but only on strict evidentiary and procedural grounds (s 18(4)–(9)).","Criminal liability architecture: multiple fault elements including recklessness and absolute liability for certain elements; penalties range from 2 to 10 years (s 17(2); s 18(10); s 20).","Mutual recognition across jurisdictions: corresponding certificates from other laws are treated as if issued under this Act, creating interjurisdictional interaction (s 22).","Operational requirements: filing, notification timing, certificate content restrictions and mandatory reasonable enquiries by chief officers create administrative compliance burdens (ss 12–13).","Information-access carve-outs: the Act excludes activities and records under it from FOI and territory records laws (s 7), affecting transparency and record management.","Court powers and evidentiary management: broad court powers to make orders to prevent disclosure and to suppress publication, with contempt and offence provisions overlapping (ss 17–19)."],"plain_english_summary":"This Act allows chief officers of specified law‑enforcement bodies to issue witness identity protection certificates so operatives (covert officers or participants in controlled operations) can give evidence under an assumed or court name and makes it an offence to reveal their identity or where they live, with penalties up to 10 years. The chief officer decides to issue or cancel certificates (decisions are final); courts control any limited disclosure to test credibility and may order closed hearings or suppression. The Territory bears administration costs; private persons risk criminal liability for breaches."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/crimes-protection-of-witness-identity-act-2011","history":"/api/acts/crimes-protection-of-witness-identity-act-2011/history","analysis":"/api/acts/crimes-protection-of-witness-identity-act-2011/analysis","conflicts":"/api/acts/crimes-protection-of-witness-identity-act-2011/conflicts","importantCases":"/api/acts/crimes-protection-of-witness-identity-act-2011/important-cases","documents":"/api/acts/crimes-protection-of-witness-identity-act-2011/documents"}}