(1) A witness identity protection certificate for a local operative of a law enforcement agency in relation to an interstate proceeding must state the following—
(a) if the local operative—
(i) is known to a party to the interstate proceeding or a party's lawyer by a name other than the operative's real name—that name (the assumed name ); or
(ii) is not known to any party to the interstate proceeding or any party's legal practitioner by a name—the operative's court name for the interstate proceeding; and
(b) the period the local operative was involved in the investigation to which the interstate proceeding relates; and
(c) the name of the agency; and
(d) the date of the certificate; and
(e) the grounds for giving the certificate; and
(f) whether the local operative has been convicted or found guilty of an offence (in Victoria or elsewhere) and, if so, particulars of each offence; and
(g) whether any charges against the local operative for an offence are pending or outstanding (in Victoria or elsewhere) and, if so, particulars of each charge; and
(h) if the local operative is or was a law enforcement officer—
(i) whether the local 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 local operative are outstanding and, if so, particulars of each allegation; and
(i) whether, to the knowledge of the person giving the certificate, a court (in Victoria or elsewhere) has made any adverse comment about the local operative's credibility and, if so, particulars of the comment; and
(j) whether, to the knowledge of the person giving the certificate, the local operative has made a false representation when the truth was required and, if so, particulars of the representation; and
(k) if there is anything else known to the person giving the certificate that may be relevant to the local operative's credibility—particulars of the thing.
(2) A witness identity protection certificate for a local operative must not contain information that may allow the operative's identity, or where the operative lives, to be revealed.
S. 42BE inserted by No. 60/2004 s. 3.