Witness Protection Act 1996

The Supreme Court may, on application by the Commissioner, make an order in accordance with this section in relation to a witness.

The Court may make such orders as it considers necessary for the purpose of—

establishing a new identity for the person in respect of whom the order is made; or

restoring the former identity of a person who has been provided with a new identity pursuant to this section.

For example, the Court may make an order requiring a prescribed authority—

to make entries in a prescribed register in relation to a specified person; or

to issue new documentation to a specified person, including certificates, licences, permits or other authorities.

An order referred to in subsection (3)(b) cannot authorise the issue of documentation for a person that represents the person—

to have qualifications that the person does not have;

or

to be entitled to benefits to which the person would not be entitled if the witness were not included in the witness protection program.

The Court must not make an order for the purpose referred to in subsection (2)(a) unless satisfied that—

the making of the order is necessary and reasonable to protect the safety and welfare of the witness; and

the witness has entered into a memorandum of understanding under section 10 or the corresponding provision of a complementary witness protection law; and

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

The Court must not make an order for the purpose referred to in subsection (2)(b) unless satisfied that protection and assistance to the witness under the relevant witness protection program has been terminated.

If the Court makes an order referred to in subsection (2)(a), the prescribed authority must maintain records showing details of the original entries in relation to the person in respect of whom an entry is made pursuant to the order.

An entry made in a prescribed register pursuant to an order under this section has effect as if it were a valid entry made under the law of this

State that authorises or requires the making of such an entry in the register.

A document issued to any person pursuant to an order under this section has effect as if it were issued under the law of this State that requires or authorises the issue of such a document.

A person in respect of whom an order has been made under this section must not use or obtain any document issued by the prescribed authority that is based on the person's former identity (whether original identity or new identity established under this section). Maximum penalty: Maximum penalty: $1 000.

Subsection (10) does not prevent a person whose former identity is restored under this section from using or obtaining a document that is based on the former identity.

Proceedings under this section must be conducted in private.

Except as authorised by the Court, the records of proceedings under this section will not be open to inspection.