Witness Protection Act 1996

The Commissioner must not include a witness in the Program unless the Commissioner is satisfied that the witness has provided the Commissioner with all information necessary for the Commissioner to decide whether the witness should be included.

Without limiting the generality of subsection (1), a witness must—

disclose to the Commissioner details of all outstanding legal obligations of the witness; and

disclose to the Commissioner details of any outstanding debts of the witness, including amounts outstanding for any tax, including a tax under a law of the Commonwealth, another State or a Territory; and

disclose to the Commissioner details of the witness's criminal history; and

disclose to the Commissioner details of any civil proceedings that have been instituted by or against the witness; and

disclose to the Commissioner details of any bankruptcy proceedings that have been instituted against the witness; and

inform the Commissioner whether the witness is an undischarged bankrupt under the Bankruptcy

Act 1966 of the Commonwealth and, if the witness is, give to the Commissioner copies of all documents relating to the bankruptcy;

and

inform the Commissioner whether the witness has entered into or intends to enter into a composition of creditors, a deed of arrangement or a deed of assignment under Part X of the Bankruptcy

Act 1966 of the Commonwealth and, if the witness has done or intends to do such a thing, give to the Commissioner copies of all documents relating to that thing; and

inform the Commissioner whether there are any restrictions on the witness's holding positions in companies, whether public or private and, if there are, give to the Commissioner copies of all documents relating to those restrictions; and

disclose to the Commissioner details of the witness's immigration status; and

disclose to the Commissioner details of financial liabilities and assets (whether real or personal) of the witness in relation to which—

a record is kept under a law of this State, the Commonwealth, another State or a Territory; or

the witness has entered into a contractual arrangement;

and

disclose to the Commissioner details of any cash held by the witness, whether in accounts or otherwise; and

disclose to the Commissioner details of any reparation, restitution or compensation order that is in force against the witness; and

inform the Commissioner whether any of the witness's property (whether real or personal) is liable to forfeiture or confiscation or is subject to restraint under a law of this State, the Commonwealth, another State or a Territory; and

inform the Commissioner of the witness's general medical condition;

and

disclose to the Commissioner details of any relevant court orders or arrangements relating to custody or access to children; and

disclose to the Commissioner details of any business dealings in which the witness is involved; and

disclose to the Commissioner details of court orders relating to sentences imposed on the witness to which the witness is subject in relation to criminal prosecutions; and

disclose to the Commissioner details of any parole, licence or home detention to which the witness is subject; and

give to the Commissioner copies of any documents relating to any such orders, parole or licence; and

disclose to the Commissioner details of any arrangements that the witness has made for—

the service of documents on the witness; or

representation in proceedings in a court; or

enforcement of judgments in the witness's favour; or

compliance with the enforcement of judgments against the witness.

The Commissioner may also—

require the witness to undergo—

medical tests or examinations; or

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

make such other inquiries and investigations as the Commissioner considers necessary, for the purposes of assessing whether the witness should be included in the Program.