New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 7

7 Assessing witness for inclusion in witness protection program

(1) The Commissioner of Police, in deciding whether to include a witness in the witness protection program, must have regard to:

(a) the seriousness of the offence to which any relevant evidence or statement relates, and

(b) the nature and importance of any relevant evidence or statement, and

(c) the nature of the perceived danger to the witness, and

(d) the nature of the witness’s relationship to other witnesses being assessed for inclusion in the program, and

(e) if a psychological or psychiatric examination or evaluation of the witness has been conducted to determine the witness’s suitability for inclusion in the program-that examination or evaluation, and

(f) whether there are viable alternative methods of protecting the witness, and

(g) whether the witness has a criminal record, particularly in respect of crimes of violence, and whether that record indicates a risk to the public if the witness is included in the program,

and may have regard to such other matters as the Commissioner of Police considers relevant.

(2) The Commissioner of Police must not include a witness in the witness protection program if the Commissioner does not, in his or her opinion, have enough information to assess the matters referred to in this section in relation to the witness.