WITNESS PROTECTION ACT 1995 - As at 28 July 2021 - Act 87 of 1995

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Who is a witness?

PART 2 - WITNESS PROTECTION PROGRAM

• 5 Witness protection program
• 6 Inclusion in the witness protection program
• 7 Assessing witness for inclusion in witness protection program
• 8 Memorandum of understanding
• 9 Variation of memorandum of understanding
• 10 Temporary protection pending full assessment
• 11 Cessation of protection and assistance
• 11A Suspension of protection and assistance
• 12 Notice of involuntary termination or suspension and application for review
• 13 Date on which involuntary termination or suspension takes effect

PART 3 - PROTECTING WITNESSES FROM IDENTIFICATION

• 14 Identifying documents
• 15 Application for court order
• 16 Court proceedings under this Part to be closed to public
• 17 Power of Supreme Court to make order
• 18 Effect of witness protection order
• 19 Effect of entries made under this Act
• 20 Special provision in case of marriage of participant
• 21 Restoration of former identity
• 22 Offences in relation to documents
• 23 Information not to be disclosed
• 24 Non-disclosure of former identity of participant
25. (Repealed)
• 26 Identity of participant not to be disclosed in legal proceedings
• 27 Documentation restrictions
• 28 Special commercial arrangements by Commissioner of Police
• 29 Dealing with rights and obligations of participant
• 30 Avoidance of obligations by participant
• 31 Payments under witness protection program

PART 3A - PROCEEDINGS INVOLVING PERSONS WITH NEW IDENTITY

• 31A Definitions
• 31B Requirement if person given new identity becomes a witness in relevant proceeding
• 31C What non-disclosure certificate must state
• 31D Effect of non-disclosure certificate
• 31E Court may grant leave to disclose relevant information

PART 3B - GIVING EVIDENCE BY AUDIO VISUAL LINK

• 31F Definitions
• 31G Protected witness to give evidence by audio visual link
• 31H Proceedings may be moved to allow use of audio visual link
• 31I Use of audio visual link
• 31J Application of Evidence (Audio and Audio Visual Links) Act 1998

PART 4 - MISCELLANEOUS

• 32 Offence--disclosures concerning participants
• 33 Offence--disclosure by participants and others
• 34 Certain persons not to be required to disclose information
• 35 Restriction on issue of New South Wales identity documents
• 36 Arrangements with approved authorities
• 37 Authorisation of approved authorities
• 38 Provision of information to approved authorities
• 39 Delegation
• 40 Immunity from legal proceedings for exercise of functions under Act
• 41 Proceedings for offences
• 42 Regulations
• 43 Exclusion of provisions of Births, Deaths and Marriages Registration Act 1995
• 44 Relationship with other witness protection arrangements
• 45 Special provisions for former participants in NSW Police Witness Protection Plan
• 46 Savings, transitional and other provisions
• 47 Review of Act
• SCHEDULE 1