New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 12

12 Notice of involuntary termination or suspension and application for review

(1) If the Commissioner of Police makes a decision under section 11 (2) or 11A that protection and assistance provided under the witness protection program to a participant be terminated or suspended, the Commissioner must:

(a) take reasonable steps to notify the participant of the decision, and

(b) notify the relevant approved authority (if any) of the decision.

(2) A participant who receives such a notification may, within 14 days (in the case of termination) or 2 days (in the case of suspension) after receiving the notice, apply in writing to the Commissioner for a review of the decision.

(3) If an application is made, the Commissioner:

(a) must review the decision, and confirm, reverse or vary it, and

(b) before making that decision, must give the participant a reasonable opportunity to state his or her case, and

(c) after making that decision, must inform the participant in writing of the decision.

(4) If the Commissioner confirms a decision to terminate or suspend protection and assistance provided under the witness protection program to a participant, the Commissioner must inform the participant of the participant’s rights under subsection (5).

(5) A participant may appeal to the Ombudsman within 3 days after being informed of the confirmation of a decision to terminate or suspend protection and assistance. The Ombudsman must determine the appeal within 7 days after the appeal is received. The Ombudsman, in determining the appeal, may make any decision that could have been made by the Commissioner and the Ombudsman’s determination has effect according to its tenor.