Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21F

21F Giving witness identity protection certificate

(1) The chief executive officer of a law enforcement agency may give a witness identity protection certificate for an operative of the agency in relation to a proceeding if—

(a) the operative is, or may be required, to give evidence in the proceeding; and

(b) the chief executive officer is satisfied on reasonable grounds that the disclosure in the proceeding of the operative’s identity or where the operative lives is likely to—

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

(ii) prejudice an investigation.

(2) The chief executive officer must make all reasonable enquiries to enable him or her to find out the information required to be included in the witness identity protection certificate under section 21G .

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

(a) is final; and

(b) can not be impeached for informality or want of form; and

(c) can not be appealed against, reviewed, called into question, quashed or invalidated in any court.

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