New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 6

6 Inclusion in the witness protection program

(1) The Commissioner of Police has the sole responsibility of deciding whether to include a witness in the witness protection program, including cases where an approved authority has requested that a witness be included in the program.

(2) A witness may be included in the witness protection program only if:

(a) the Commissioner of Police has decided that the witness be included, and

(b) the witness agrees to be included, and

(c) the witness signs a memorandum of understanding in accordance with section 8 or:

(i) if the witness is under the age of 18-a parent or guardian of the witness signs the memorandum, or

(ii) if the witness otherwise lacks legal capacity to sign the memorandum-a guardian or other person who is usually responsible for the care and control of the witness signs the memorandum.

(3) If the Commissioner decides not to include a witness in the witness protection program, the Commissioner must inform the witness of the witness’s rights under subsection (4).

(4) A witness may appeal to the Ombudsman within 3 days after being informed of a decision not to include the witness in the witness protection program. The Ombudsman must determine the appeal within 7 days after the appeal is received. The Ombudsman, in determining the appeal, may make any decision that could have been made by the Commissioner and the Ombudsman’s determination has effect according to its tenor.

(5) Subsections (3) and (4) have effect despite subsections (1) and (2).

(6) If:

(a) a parent or guardian of a witness signs a memorandum of understanding because the witness was under the age of 18, and

(b) the memorandum is still operating after the witness turns 18,

the Commissioner of Police may require the witness to sign the memorandum.