Witness Protection Act 1996

A person must not, without lawful authority, disclose information—

about the identity or location of a person who is or has been a participant in a witness protection program; or

that compromises the security of such a person. Maximum penalty: Maximum penalty: Imprisonment for 10 years.

A person who is or has been a participant in a witness protection program or a person who has undergone assessment for inclusion in a witness protection program as a participant, must not disclose—

the fact that he or she is or has been a participant or has undergone assessment for inclusion in the program; or

information as to the way in which the program operates; or

information about any member who is or has been involved, or any person who is assisting or has assisted, in the program; or

the fact that he or she has signed a memorandum of understanding; or

any details of a memorandum of understanding that he or she has signed. Maximum penalty: Maximum penalty: Imprisonment for 5 years.

Subsection (1) or (2) does not prevent a disclosure that—

has been authorised by the Commissioner or relevant approved authority (if any); or

is necessary for the purposes of an investigation by the Independent Commission Against Corruption; or

is necessary for the purposes of an investigation under the Police Complaints and Discipline Act 2016; or

is necessary to comply with, or is authorised by, an order of the Supreme Court.

A person must not, either directly or indirectly, make a record of, disclose or communicate to another person any information relating to action under section 17 to establish a new identity for a person or restore a person's former identity—

unless authorised to do so by an order of the Supreme Court; or

unless it is necessary to do so—

for the purposes of this Act; or

for the purposes of an investigation by the Independent Commission Against Corruption; or

for the purposes of an investigation under the Police Complaints and Discipline Act 2016; or

to comply with an order of the Court. Maximum penalty: Maximum penalty: Imprisonment for 10 years.

This section does not prevent a disclosure that is necessary for the purpose of action under section 17 to establish a new identity for a person or to restore a person's former identity.

In this section—

member, in relation to a witness protection program, includes—

a member of the Australian Federal Police; and

a member of a police force of another State or a Territory;

memorandum of understanding, in relation to a witness protection program, means a memorandum of understanding under this Act or a complementary witness protection law.