Witness Protection Act 1996

Protection and assistance provided under the Program to a participant—

must be terminated by the Commissioner if the participant requests in writing that it be terminated; or

may be terminated by the Deputy Commissioner if—

the participant deliberately breaches a term of the memorandum of understanding; or

the Deputy Commissioner discovers that the participant had given information to him or her knowing that it is false or misleading in a material particular; or

the participant's conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to compromise the integrity of the Program;

or

the circumstances that gave rise to the need for protection and assistance for the participant cease to exist; or

the participant deliberately breaches an undertaking, including an undertaking to give evidence, given to this State, the Commonwealth, another

State or a Territory in relation to a matter relevant to the Program;

or

the participant refuses or fails to sign a new memorandum of understanding when required to do so under section 10(4); or

there is, in the opinion of the Deputy Commissioner, no reasonable justification for the participant to remain included in the

Program, and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the protection and assistance should be terminated.

If the Deputy Commissioner makes a decision under subsection (1)(b) that protection and assistance provided under the Program to a participant be terminated, the Deputy

Commissioner must—

take reasonable steps to notify the participant of the decision;

and

notify the relevant approved authority (if any) of the decision.

A participant may, within 28 days after receiving a notice under subsection (2), apply in writing to the Commissioner for a review of the decision of the Deputy

Commissioner.

If an application is made under subsection (3), the Commissioner must review the decision and may confirm, vary or reverse it.

Before the Commissioner determines an application under subsection (3), the Commissioner must give the participant a reasonable opportunity to state his or her case.

The Commissioner must inform the participant in writing of his or her decision on a review.

Subject to subsection (8), a decision of a Deputy Commissioner under subsection (1)(b) takes effect—

at the end of the period of 28 days after the participant receives notice of the decision; or

if the participant's whereabouts are unknown and the Deputy

Commissioner has taken reasonable steps to notify the participant of the decision but has been unable to do so—at the end of the period of 28 days after those steps were commenced.

If the participant applies for a review of the decision of the

Deputy Commissioner in accordance with subsection (3), the decision takes effect as follows:

if the Commissioner notifies the participant that he or she has confirmed the decision—the decision takes effect when the Commissioner notifies the participant of the decision on the review;

if the Commissioner notifies the participant that he or she has varied the decision—the decision takes effect on the day specified by the Commissioner in the notice;

if the Commissioner notifies the participant that he or she has reversed the decision—the decision has no effect.