Determination as to whether this Division applies
77 Determination as to whether this Division applies
The Commissioner must make a determination that a reportable offender who is a participant in a witness protection program either is or is not a person to whom this Division applies —
when the reportable offender ceases to be a participant in the program as a consequence of a request under the Witness Protection (Western Australia) Act 1996 section 25(1); or
when the Commissioner makes a decision under the Witness Protection (Western Australia) Act 1996 section 25(2) that the protection and assistance given to the reportable offender under the program be terminated.
On making the determination, the Commissioner must take reasonable steps to notify the reportable offender of the terms of the determination.
A reportable offender may, within 28 days after receiving such a notification, apply in writing to the Commissioner for a review of the determination.
On receiving an application for a review, the Commissioner —
must review the determination and confirm or reverse it; and
before making a decision on the matter, must give the applicant a reasonable opportunity to state the applicant’s case; and
after making a decision on the matter, must give written notice of the decision to the applicant.
Subject to subsection (3), the determination cannot be the subject of appeal or judicial review or otherwise be called in question in any proceedings.
[Section 77 amended: No. 31 of 2024 s. 28.]
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