20Effect of non-disclosure certificate

20 Effect of non-disclosure certificate

(1)  This section applies if a non-disclosure certificate for a protected person in relation to a proceeding is filed in a court in this jurisdiction.

(2)  If this section applies, in the proceeding –

(a) a question must not be asked of a witness, including the protected person, that may lead to the disclosure of the protected person's protected identity or where the protected person lives; and

(b) a witness, including the protected person, cannot be required to (and must not) answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected person's protected identity or where the protected person lives; and

(c) a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the protected person's protected identity or where the protected person lives.

(3)  For the purposes of this section, a person involved in the proceeding includes a person referred to in section 9(3) .

(4)  The court may disclose to each party to the proceeding –

(a) that the court has been given a non-disclosure certificate for a person who may be required to give evidence in the proceeding; and

(b) what the certificate states.

(5)  The court may only disclose what the non-disclosure certificate states in the absence of the jury (if any) and the public.

(6)  If the court makes a disclosure about the non-disclosure certificate under subsection (4) , the court must also inform the parties of the effect of the certificate.

(7)  This section applies despite any other Act, but subject to section 21 .