New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 8

8 Memorandum of understanding

(1) A memorandum of understanding is to:

(a) set out the basis on which a participant is included in the witness protection program and details of the protection and assistance that are to be provided, and

(b) contain a provision to the effect that protection and assistance under the program may be terminated if the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the witness protection program.

(2) A memorandum of understanding in relation to a participant may also contain provisions relating to any one or more of the following:

(a) any outstanding legal obligations of the participant and how they are to be dealt with,

(b) any legal obligations that the participant may or may not enter into,

(c) the surrender and issue of passports,

(c1) the taking, provision and retention of photographs of the participant,

(d) the issue of any documents relating to the new identity of the participant,

(e) the prohibition of the participant from engaging in specified activities,

(f) marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships,

(g) any other obligations of the participant,

(h) consequences of the participant failing to comply with the provisions of the memorandum of understanding,

(i) any other matter for which it may be necessary or convenient to make provision in the circumstances of the case.

(3) A memorandum of understanding must contain a statement advising the participant of his or her right to complain to the Ombudsman about the conduct of the Commissioner of Police or another member of the Police Service in relation to the matters dealt with in the memorandum.

(4) A memorandum of understanding must be signed by or on behalf of the witness in the presence of a member of the Police Service who holds or occupies a designated position.

(5) A witness becomes included in the witness protection program when the Commissioner of Police signs the memorandum of understanding.

(6) The Commissioner of Police must, as soon as practicable after signing a memorandum of understanding, notify the relevant participant that it has been signed.