9. Specialised Procedures
Supreme Court of Western Australia
Consolidated Practice Direction
9.14
Applications under pt 2 div 5 of the
Witness
Protection (Western Australia) Act 1996
___________________________________________________________
1.
Procedures to be followed in applications
1.1
Applications for New Identity Orders under s 20 and s 26 of the
Witness Protection (Western Australia) Act 1996
shall be made by motion,
and are exempt from the requirement to file electronically using the
ECMS (O 67A r 3(1)(i); refer to Practice Direction 1.1.4
–
Exemptions to
mandatory filing using the ECMS).
1.2
The documents to be filed are:
(a)
an
originating motion;
(b)
and affidavit in support; and
(c)
a minute of the order sought.
1.3
The heading of the motion shall identify the applicant by name but the
subject of the application by initials only or by the identifying number
that the person bears in the register of participants to be maintained by
the Commissioner of Police under the Act.
1.4
The affidavit in support and the minute of proposed order shall be
delivered to the Court in a sealed envelope marked so as to indicate
that it may only be opened by the Judge allocated to hear the matter.
1.5
The nature of the applications means
that they must be processed
promptly and with strict confidentiality.
1.6
As soon as the motion is filed, it and the other documents (without the
seal of the envelope having been broken) must be handed to the
Coordinator (Listings) who shall allocate the matter the next
consecutive number in a Witness Protection
Register maintained for
that purpose (the Register) and record the matter number, the name of
the applicant and the initials or identifying number of the subject of
the application in the Register and on the envelope.
1.7
The Coordinator (Listings) shall then immediately assign the matter to
an available Judge.
9. Specialised Procedures
PD 9.14
Supreme Court of Western Australia
Consolidated Practice Direction
1.8
The Coordinator (Listings) shall then immediately deliver the
documents (still without the envelope's seal's having been broken)
personally to the assigned Judge or to the Judge's Associate.
1.9
The Coordinator (Listings) shall advise the applicant of the name of the
assigned Judge and the time for the hearing of the motion.
1.10 The matter is to be heard by the Judge in private Chambers.
1.11 If the Judge considers it necessary to hear from the
applicant, the Judge
may permit the applicant or a representative of the applicant to be
present during the hearing. However,
no person other than the
applicant or a representative of the applicant whom the Judge has
permitted to be present may be present during the hearing.
1.12 To remove doubt, the Judge's Associate
or any other member of the
Judge's personal staff is a 'person' within the meaning of that term for
the purposes of par 1.11.
1.13 At the time of the hearing, the Judge only may break the envelope's
seal.
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