77Form of witness identity protection certificate

77 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 state the following: (a) if the operative is known to a party to the proceeding or a party's lawyer by a name other than the operative's real name – the name by which the party or party's lawyer knows the operative; (b) if the operative 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; (c) the period the operative was involved in the investigation to which the proceeding relates; (d) the name of the agency; (e) the date of the certificate; (f) the grounds for giving the certificate; (g) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence; (h) whether there are charges against the operative for an offence pending or outstanding and, if so, particulars of each charge; (i) 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; (j) 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; (k) 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;

Police (Special Investigative and Other Powers) Act 2015 52 (l) 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for an offence is outstanding until the charge is finally dealt with in any of the following ways: (i) the charge is withdrawn; (ii) the charge is dismissed by a court; (iii) the person is discharged by the Local Court following a preliminary examination under Part V of the Local Court (Criminal Procedure) Act 1928; (iv) the person is acquitted or found guilty of the offence by a court; and (b) a charge against a person for an offence is pending if the person has not yet been charged with the offence, but: (i) the person has been arrested for the offence, unless the person has been later released without being charged with an offence; or (ii) a summons to appear before a court to answer a charge for the offence has been served on the person; and (c) an allegation of professional misconduct against a person is outstanding if the allegation has not been finally dealt with in accordance with Part IV of the Police Administration Act 1978. (4) In this section: false representation does not include a representation made under an authority under Part 2 or 3. professional misconduct means misconduct or a breach of discipline under: (a) Part IV of the Police Administration Act 1978; or (b) a law of another jurisdiction that corresponds to the Police Administration Act 1978; or