New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 26

26 Identity of participant not to be disclosed in legal proceedings

(1) If, in any proceedings in a court, a tribunal or a Royal Commission or other commission of inquiry, the identity of a participant is in issue or may be disclosed, the court, tribunal or commission must, unless it considers that the interests of justice require otherwise:

(a) hold that part of the proceedings that relates to the identity of the participant in private, and

(b) make such order relating to the suppression of publication of evidence given before the court, tribunal or commission as, in its opinion, will ensure that the identity of the participant is not disclosed.

(2) If in any proceedings in a court, a tribunal or a Royal Commission or other commission of inquiry, a participant who has been provided with a new identity under the witness protection program is giving evidence, the court, tribunal or commission may hold that part of the proceedings in the absence of the public.

(3) This section does not limit the operation of Part 3A (Proceedings involving persons with new identity).