New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 21

21 Restoration of former identity

(1) If:

(a) a participant has been provided with a new identity under the witness protection program, and

(b) protection and assistance under the witness protection program to the participant are terminated,

the Commissioner of Police may, if he or she considers it appropriate to do so, take such action as is necessary to restore the former participant’s former identity.

(2) The Commissioner of Police must take reasonable steps to notify the former participant of a decision under subsection (1).

(3) If the Commissioner of Police proposes to take action to restore the former participant’s former identity, the former participant may apply in writing to the Commissioner for a review of the decision.

(4) If an application is made, the Commissioner of Police:

(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.

(5) If the Commissioner of Police:

(a) takes action under this section to restore the former identity of a person who was a participant, and

(b) the Commissioner notifies the former participant in writing that he or she is required to return to the Commissioner all documents provided to the former participant that relate to the new identity provided under the witness protection program,

the former participant must not, without reasonable excuse, refuse or fail to return those documents to the Commissioner within 14 days after receiving the notice.

Maximum penalty (subsection (5)): 10 penalty units.