21Disclosure of protected person's identity despite certificate

21 Disclosure of protected person's identity despite 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)  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 protected person, that may lead to the disclosure of the protected person's protected identity or where the protected person lives; or

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

(b) for an order requiring a witness, including the protected person, to 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.

(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 protected person's credibility;

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

(c) it is in the interests of justice for the protected person'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 –