Page 5151 - Week 12 - Thursday, 27 October 2011
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for Police and Emergency Services) (12.14), in reply: The Crimes (Protection of Witness Identity) Bill is a critical piece of legislation in the fight against organised crime. Undercover operatives who give evidence in court proceedings are often put at risk by appearing as a witness, testifying in serious criminal matters where the stakes are very high. This bill will provide a scheme to allow for improved protection of undercover operative witnesses and their families, assist to secure the safety of those participating in undercover operations and provide consistent protection within and across state and territory borders.
As I have previously indicated, this bill is the fourth and final piece in a suite of legislation that the government has introduced into the Assembly to give effect to the Cross-border investigative powers for law enforcement model legislation. This model legislation has been prepared by the Standing Committee of Attorneys-General and Australasian Police Ministers Council Joint Working Group on National Investigation Powers.
The bill establishes a scheme to protect the identities of undercover operative witnesses in court proceedings by empowering the ACT Chief Police Officer or the Chief Executive Officer of the Australian Crime Commission to give a witness identity protection certificate in relation to a criminal proceeding.
A witness identity protection certificate enables an operative to give evidence under an assumed name or a court name, excuses an operative from stating his or her real name or address during the proceeding, and prevents the asking of questions or the making of statements during the proceeding that may lead to the operative’s real name or address being disclosed.
This bill is part of a model legislative scheme which will apply both in the ACT and in other jurisdictions. To date, the legislation has also been adopted in Victoria, Queensland, Tasmania and South Australia and by the commonwealth. An important ancillary benefit of the bill, as part of a national scheme, is that it provides certainty across jurisdictions as to when operatives’ identities will be protected.
The scheme will also enhance the ongoing efficacy of undercover operations. By providing consistency for law enforcement agencies and operatives who operate across borders, it will allow for seamless cross-border investigations. Police officers are encouraged to participate in undercover operations as they can be confident that, if necessary, their identity and safety will be protected, regardless of whether the operation occurs in a number of jurisdictions.
The government appreciates that the measures in this bill are not without controversy. We need to remember here that controlled operations, in particular those involving operatives working under assumed identities, target the most serious of offences. The government has taken care to ensure that the proposed legislation, while achieving the important purpose of enhancing safety for undercover witnesses, only places reasonable limits on rights protected under the Human Rights Act and the common law.
The effect of a witness identity protection certificate is to prevent the disclosing of an operative’s true identity in the context of a criminal proceeding. This non-disclosure
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