Witness Protection Act 1996

If—

a person is to be a witness in criminal proceedings for an indictable offence or a summary offence punishable by imprisonment (the prospective witness); and

—

the person is a participant in a witness protection program; or

the person is a former participant in a witness protection program and retains a new identity provided under the program; or

steps have been taken with a view to including the person in a witness protection program, the information specified in subsection (2) must be disclosed to the Director of Public Prosecutions by the prospective witness and, if the Commissioner is aware of the matters referred to in paragraphs (a) and (b), by the Commissioner.

The information required to be disclosed under subsection (1) is as follows:

the fact that the prospective witness is a participant or former participant in a witness protection program or that steps have been taken with a view to including the prospective witness in a witness protection program; and

if the prospective witness is a participant or former participant in a witness protection program—whether he or she has a new identity provided under the program; and

if the prospective witness has a new identity provided under a witness protection program—whether he or she is to give evidence under his or her former identity or under the new identity; and

if the prospective witness is to give evidence under a new identity and he or she has a criminal record under his or her former identity—details of that criminal record.

If the Director of Public Prosecutions is provided with information under subsection (1) or otherwise becomes aware of the matters referred to in subsection (1)(a) and (b) in relation to the prospective witness, the Director may, by notice in writing given to the prospective witness, require him or her to disclose any further information as specified in the notice that the Director may reasonably require relating to the prospective witness and his or her participation or possible participation in the witness protection program that may be relevant to the prospective witness's credibility as a witness in the proceedings.

If the prospective witness fails to comply with subsection (1) or a requirement of the Director of Public Prosecutions under subsection (3), he or she is guilty of an offence. Maximum penalty: Maximum penalty: $5 000.

The Director of Public Prosecutions must disclose to the Supreme Court—

the information provided to the Director under this section; and

any other information within the knowledge of the Director relating to the prospective witness and his or her participation or possible participation in the witness protection program that may be relevant to—

the prospective witness's credibility as a witness in the proceedings; or

the protection of the prospective witness's safety and the integrity of the witness protection program.

If the Court requires any further information relevant to the matters referred to in subsection (5)(b), the Director of Public Prosecutions must institute any necessary enquiries and disclose the results of the enquiries to the Court.

Any enquiries instituted by the Director of Public Prosecutions under subsection (6) may include enquiries directed to—

the prospective witness by notice or further notice under subsection (3); or

the Commissioner (and for that purpose the Director is to be afforded all reasonable assistance and co-operation by the Commissioner).

The Court must be constituted of a judge in chambers for the purposes of this section and any disclosures under this section must be made by the Director of Public Prosecutions personally to the judge in the absence of any person other than the judge and the judge's associate.

If the Court is of the opinion that non-disclosure of any information provided by the Director of Public Prosecutions under this section might prejudice the fair trial of a defendant in the proceedings, the Court may make such orders relating to the disclosure of the information to the defendant or the defendant's legal representative and the use of the information as the Court considers necessary in the circumstances of the case, taking into account the need to protect the prospective witness's safety and the integrity of the witness protection program.

No appeal lies against an order under this section or a decision of the Court not to make an order under this section.

In this section—

Director of Public Prosecutions includes a person acting in the position of Director of Public Prosecutions, the Deputy Director of Public Prosecutions or the Crown Counsel.