New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 17

17 Power of Supreme Court to make order

The Supreme Court may make a witness protection order if it is satisfied that:

(a) the person named in the application as a witness:

(i) was a witness to or has knowledge of an indictable offence and is or has been a witness in criminal proceedings relating to the indictable offence, or

(ii) is a person who, because of his or her relationship to, or association with, a person to whom subparagraph (i) applies may require protection or other assistance under this Act or (in the case of an order applied for by the designated authority for a complementary witness protection law) under that law, and

(b) the life or safety of the person may be endangered as a result of the person being a witness, and

(c) a memorandum of understanding has been entered into between the witness and the Commissioner of Police in accordance with section 8 or (in the case of an order applied for by the designated authority for a complementary witness protection law) between the witness and that designated authority in accordance with the corresponding provision of that law, and

(d) the person is likely to comply with the memorandum of understanding.