Witness Protection Act 1996

This Act is the Witness Protection Act 1996.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘register—see the Births, Deaths and Marriages Registration Act 1997, dictionary.’ means that the term ‘register’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The Minister may declare that an authority or body of the Commonwealth, a State or another Territory is an approved authority for this Act.

A declaration is a notifiable instrument.

The Minister may declare that a law of the Commonwealth, a State or another Territory is a complementary witness protection law for this Act.

A declaration is a notifiable instrument.

The Minister may declare an authority to be an authority for the dictionary, definition of witness, paragraph (a) (ii).

A declaration is a notifiable instrument.

The chief police officer may make arrangements with the commissioner of police for the provision of services under the witness protection program for the taking of the action that the chief police officer considers necessary and reasonable to protect the safety and welfare of a witness.

The action that may be taken under subsection (1) includes—

making arrangements necessary—

to allow the witness to establish a new identity; or

otherwise to protect the witness; or

relocating the witness; or

providing accommodation for the witness; or

providing transport for the property of the witness; or

providing reasonable financial assistance to the witness; or

permitting people involved in the administration of the witness protection program to use assumed names in carrying out their duties and to have documentation supporting those assumed names; or

doing any other thing permitted under the witness protection program to ensure the safety of the witness; or

doing things as a result of functions given to the chief police officer under a complementary witness protection law.

The assessment and inclusion of a witness in the witness protection program must be in accordance with the provisions of the Commonwealth Act for the assessment and inclusion of a witness (within the meaning of that Act) in that program as if each reference in the Commonwealth Act, sections 7 and 8 to the commissioner were a reference to the chief police officer.

Without limiting section 4, the chief police officer may apply for any documents necessary—

to allow a witness to establish a new identity; or

otherwise to protect the witness.

The chief police officer may apply to the Supreme Court for an order authorising a specified person or a person of a specified class or description of people—

to make a new entry in the register in relation to a witness; or

to issue in the witness’s new identity a document of a kind previously issued to the witness.

The chief police officer must provide the evidence that the Supreme Court may require to satisfy itself about the matters mentioned in section 8.

The Supreme Court may make a witness protection order if satisfied that—

the person named in the application as a witness—

was a witness to or has knowledge of an offence punishable by imprisonment for longer than 12 months and is or has been a witness in a criminal proceeding relating to the offence; or

is a person who, because of his or her relationship to, or association with, a person to whom subparagraph (i) applies may require protection or other assistance under this Act; and

the life or safety of the person may be endangered as a result of the person being a witness; and

a memorandum of understanding in accordance with the Commonwealth Act, section 9 has been entered into between the witness and chief police officer; and

the person is likely to comply with the memorandum of understanding.

The hearing of an application under this part is not open to the public.