Witness Protection Act 1996

A memorandum of understanding must—

set out the basis on which a participant is included in the Program and details of the protection and assistance that is to be provided;

and

contain a provision to the effect that protection and assistance under the Program may be terminated if the participant breaches a term of the memorandum of understanding.

A memorandum of understanding in relation to a participant may also contain—

the terms and conditions on which protection and assistance is to be provided to the participant, which may include a condition that protection and assistance may be withdrawn if the participant—

commits an offence against a law of this State, the Commonwealth, another State or a Territory; or

engages in activities of a kind specified in the memorandum of understanding; or

compromises the integrity of the Program; and

an agreement by or on behalf of the participant not to compromise, directly or indirectly, the security of, or any other aspect of, the protection or assistance being provided; and

an agreement by or on behalf of the participant that the participant comply with all reasonable directions of the Commissioner in relation to the protection and assistance provided to the participant;

and

an agreement by or on behalf of the participant that the participant will, if required to do so by the Commissioner—

undergo medical, psychological or psychiatric tests or examinations and make the results available to the Commissioner; or

undergo drug or alcohol counselling or treatment; or

allow his or her fingerprints to be taken; or

allow a sample of his or her blood to be taken for DNA analysis;

or

allow photographs of himself or herself to be taken;

and

a list of—

the outstanding legal obligations (including family maintenance obligations and taxation obligations) of the participant; and

any other obligations of the participant, and an agreement by or on behalf of the participant as to how those obligations are to be met; and

a financial support arrangement; and

an agreement by or on behalf of the participant that the participant will disclose to the Commissioner details of any criminal charges that are made against, and any civil or bankruptcy proceedings that are made in relation to, the participant after the participant is included in the

Program.

A memorandum of understanding must contain a statement advising the witness of his or her right to complain to the Office for Public Integrity under the Independent Commissioner Against

Corruption Act 2012 about the conduct of the

Commissioner or another member in relation to the matters dealt with in the memorandum.

A memorandum of understanding must be signed by or on behalf of the witness in the presence of a member who holds or occupies a designated position.

A witness becomes included in the Program when the Commissioner signs the memorandum of understanding.

The Commissioner must, as soon as practicable after signing a memorandum of understanding, notify the relevant participant that it has been signed.

Subject to subsection (8), the Commissioner may, by notice in writing given to a participant, vary the memorandum of understanding, and a variation takes effect on the day on which the notice is received by the participant.

A variation must not have the effect of removing from the memorandum of understanding the provisions referred to in subsection (1).