Australian Capital Territory Numbered Acts

CRIMES (PROTECTION OF WITNESS IDENTITY) ACT 2011 (NO. 46 OF 2011) - SECT 11

    (1)     The chief officer of a law enforcement agency may give a certificate (a witness identity protection certificate ) for an operative of the agency in relation to a relevant proceeding if the chief officer is satisfied on reasonable grounds that revealing the operative's identity or where the operative lives in the proceeding is likely to—

        (a)     endanger the safety of the operative or someone else; or

        (b)     prejudice any investigation.

Note     The chief officer may delegate a function under this section (see  s 23).

    (2)     A decision to give a witness identity protection certificate—

        (a)     is final and is not subject to appeal or review; and

        (b)     must not be called into question, quashed or invalidated by a court.

    (3)     Subsection (2) does not prevent a decision to give a witness identity protection certificate being called into question in a proceeding of a disciplinary nature against the person who made the decision.