New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 31B

31B Requirement if person given new identity becomes a witness in relevant proceeding

(1) If a protected person is or may be required to give evidence in a relevant proceeding before a court, whether under the person’s new identity or previous identity, the person must notify the Commissioner of Police that the person is or may be required to give evidence in the proceeding.

Maximum penalty: 50 penalty units.

(2) The Commissioner of Police must give the court concerned a certificate (a "non-disclosure certificate") relating to the protected person.

(3) If the court considers it appropriate in the relevant proceeding, the court may disclose to each party to the proceeding:

(a) that the court has been given a non-disclosure certificate relating to a person who may be required to give evidence in the proceeding, and

(b) what the certificate states.

(4) The court may only disclose what the non-disclosure certificate states in the absence of any jury empanelled for the proceeding and the public. When disclosing the certificate’s existence, the court must inform the parties of the effect of the certificate.