11Disclosure of operative's identity, &c., despite certificate

11 Disclosure of operative's identity, &c., despite certificate

(1)  This section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed in a court.

(2)  A party to the proceeding, or a lawyer assisting the court in the proceeding, may apply to the court –

(a) for leave –

(i) to ask a question of a witness, including the operative, that may lead to the disclosure of the operative's identity or where the operative lives; or

(ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives; or

(b) for an order requiring a witness, including the operative, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives.

(3)  The court may –

(a) give leave for the party or lawyer to do anything mentioned in subsection (2)(a) ; and

(b) make an order requiring a witness to do anything mentioned in subsection (2)(b) .

(4)  However, the court must not give leave or make an order unless satisfied about each of the following:

(a) there is evidence that, if accepted, would substantially call into question the operative's credibility;

(b) it would be impracticable to test properly the credibility of the operative without allowing the risk of disclosure of, or disclosing, the operative's identity or where the operative lives;

(c) it is in the interests of justice for the operative's credibility to be able to be tested.

(5)  If there is a jury in the proceeding, the application must be heard in the absence of the jury.

(6)  Unless the court considers that the interests of justice require otherwise, the court must be closed when –