New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 33

33 Offence-disclosure by participants and others

(1) Subject to subclause (2), a person who is or was a participant or a witness considered for inclusion in the witness protection program must not, either directly or indirectly, disclose or communicate to another person:

(a) the fact that he or she or a member of his or her family has entered a memorandum of understanding under section 8, or

(b) details of the memorandum of understanding, or

(c) information relating to anything done by the Commissioner of Police or another member of the Police Service under this Act, or

(d) information about any member of the Police Service gained by the person as a result of anything done under this Act.

Maximum penalty: imprisonment for 5 years.

(2) This section does not apply to a disclosure or communication:

(a) that has been authorised by the Commissioner of Police, or

(b) that is necessary for the purposes of an investigation by the Ombudsman, or

(c) that is necessary to comply with an order of the Supreme Court.

(3) A person is a "witness considered for inclusion in the witness protection program" if:

(a) the person is a witness who is the subject of consideration under section 6 for inclusion in the witness protection program (even if the Commissioner subsequently decides not to include the witness), or

(b) the person is a witness included in the witness protection program temporarily under section 10 (even if the witness does not go on to be included in the witness protection program).