Crimes (Protection of Witness Identity) Act 2011 (ACT)

The case involved an application for the cancellation of a witness identity protection certificate (WIPC) under the Crimes (Protection of Witness Identity) Act 2011 (ACT). The applicant sought the cancellation of a WIPC issued for a police officer who had given evidence in a criminal trial. The legal issues before the court were whether the certificate should be cancelled as it was no longer necessary or appropriate to prevent disclosure of the operative's identity or where the operative lived, and if not, whether the certificate should be varied to permit certain information to be published. The court considered the evidence and submissions from both parties and found that the certificate should not be cancelled but should be varied to allow for the publication of certain information. The court reasoned that the information to be published did not reveal the operative's identity or where the operative lived and was in the interests of justice. The final orders of the court were that the certificate be varied to permit the publication of the specified information and that the applicant pay the respondent's costs of the application.