New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 13

13 Date on which involuntary termination or suspension takes effect

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

(a) if the participant’s location is not known and the Commissioner has taken reasonable steps to notify the participant of the decision but has been unable to do so-takes effect at the end of the appropriate review period after those steps were commenced, or

(b) if the participant does not apply for a review of the decision in accordance with section 12 (2)-takes effect at the end of the appropriate review period after the participant receives the notification, or

(c) if the participant applies for a review of the decision in accordance with section 12 (2) and the Commissioner notifies the participant that the decision has been reversed-has no effect, or

(d) if the participant applies for a review of the decision in accordance with section 12 (2) and the Commissioner notifies the participant that the decision has been varied-takes effect on the day specified by the Commissioner, or

(e) if the participant applies for a review of the decision in accordance with section 12 (2), the Commissioner notifies the participant that the decision has been confirmed and the participant does not appeal to the Ombudsman under section 12 (5)-takes effect on the expiration of 3 days after the Commissioner notifies the participant of the decision on the review, or

(f) if the participant appeals to the Ombudsman under section 12 (5)-has no effect.

(2) A decision of the Ombudsman under section 12 (5) that protection and assistance provided under the witness protection program to a participant be terminated or suspended takes effect when the Ombudsman notifies the participant of the decision.

(3) If the Ombudsman has been unable to notify the participant of the decision despite taking reasonable steps to do so, the decision of the Ombudsman takes effect when the Ombudsman notifies the Commissioner of Police that the Ombudsman has been unable to notify the participant of the decision.

(4) In this section:
"appropriate review period" means:

(a) if the decision is to terminate protection and assistance-14 days, or

(b) if the decision is to suspend protection and assistance-2 days.