Commonwealth Consolidated Acts

WITNESS PROTECTION ACT 1994 - SECT 26

             (1)  Subject to subsection (3), the Commissioner, a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police is not to be required:

                     (a)  to produce in a court, or before a tribunal, a Royal Commission or an approved authority, any document that has come into the custody or control of the person in the course of, or because of, the performance of functions or duties under this Act; or

                     (b)  to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in the performance of functions or duties under this Act;

except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect.

             (2)  Subject to subsection (3), the Commonwealth Ombudsman or a member of the staff of the Commonwealth Ombudsman is not to be required:

                     (a)  to produce in a court, or before a tribunal, a Royal Commission or an approved authority, any document that has come into the custody or control of the person in relation to this Act; or

                     (b)  to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in relation to this Act;

except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect.

             (3)  If it is essential to the determination of legal proceedings under or in relation to a law of the Commonwealth that the judge or magistrate presiding over the proceedings be advised of a participant's location and circumstances, a person referred to in subsection (1) or (2) is to disclose the relevant information to the judge or magistrate in chambers, but the person must not disclose the information if any person other than the judge or magistrate and the person is present.

             (4)  The judge or magistrate must not disclose any information disclosed to the judge or magistrate under subsection (3) otherwise than in accordance with this Act.

             (5)  Subsection (1) does not apply to information about a financial support arrangement for a participant or a former participant if the information is provided in a way that cannot identify the location, or prejudice the safety, of the participant or former participant.