New South Wales Consolidated Acts

ROYAL COMMISSION (POLICE SERVICE) ACT 1994 - SECT 26

26 Protection of witnesses and persons assisting Commission

(s 50 ICAC Act)

(1) If it appears to the Commissioner that, because a person is assisting the Commission, the safety of the person or any other person may be prejudiced or the person or any other person may be subject to intimidation or harassment, the Commissioner may make such arrangements as are necessary:

(a) to protect the safety of any such person, or

(b) to protect any such person from intimidation or harassment.

(2) In this section, a reference to a person who is assisting the Commission is a reference to a person who:

(a) has appeared, is appearing or is to appear before the Commission to give evidence or to produce a document or other thing, or

(b) has produced or proposes to produce a document or other thing to the Commission under this Act or the 1923 Act, otherwise than by attending before the Commission, or

(c) has assisted, is assisting or is to assist the Commission in some other manner.

(3) Any such arrangements may (but need not) involve the Commissioner directing the Commissioner of Police or a prescribed public authority or prescribed public official:

(a) to provide any protection referred to in subsection (1), or

(b) to provide personnel or facilities or both to assist in providing that protection, or

(c) to otherwise assist in the provision of that protection.

(4) The Commissioner of Police, or such a public authority or public official, is under a duty to comply with any such direction as far as reasonably possible.

(5) Any such arrangements may (but need not) involve the Commissioner making orders applying to a specified person for the purpose of protecting the safety of a person referred to in subsection (1) or of protecting such a person from intimidation or harassment. Such an order is not limited to directions of a kind referred to in subsection (3).

(6) A person who contravenes an order applying to the person under subsection (5) without reasonable excuse is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(7) Nothing in this section affects the Witness Protection Act 1995 .