New South Wales Consolidated Regulations

WITNESS PROTECTION REGULATION 2006 - SCHEDULE 1

SCHEDULE 1 – Forms

Form 1 - Permission for non-disclosure of former identity (participant under NSW witness protection program)

(Clause 4)

Permission for non-disclosure of former identity (participant under NSW witness protection program)

( Witness Protection Act 1995 , section 24 (1))

On [date], [new identity of participant] (“the participant”) was provided with a new identity under the witness protection program operating in New South Wales.

The participant is required by or under [law that requires disclosure, including section number of Act if relevant] to disclose the participant’s former identity for the purpose of [purpose].

Pursuant to the Witness Protection Act 1995 , I, [name, rank and position], the duly appointed delegate of the Commissioner of Police, give the participant permission not to disclose the participant’s former identity to any person as required by that law for that purpose.

Signed:

Date:

Note: Section 24 of the Act enables permission to be given to a participant who has been provided with a new identity not to disclose his or her former identity if the participant would otherwise be required by law to do so. In such a case, it is lawful for the participant in any proceedings or for any purpose in respect of the law concerned to claim that the participant’s new identity is his or her only identity.
This permission remains valid while the participant retains that new identity even though the participant’s participation in the witness protection program may have been terminated.
This document must be surrendered by the participant in accordance with any notice issued under section 21 (5) of the Act if the participant’s participation in the program is terminated and action is taken by the Commissioner of Police to restore the participant’s former identity.

Form 2 - Permission for non-disclosure of former identity (Participant under a complementary witness protection law)

(Clause 5)

Permission for non-disclosure of former identity (Participant under a complementary witness protection law)

( Witness Protection Act 1995 , section 24 (5))

On [date], [new identity of participant] (“the participant”) was provided with a new identity under the witness protection program operating under [complementary witness protection law].

The participant is required by or under [law that requires disclosure, including section number of Act if relevant] to disclose the participant’s former identity for the purpose of [purpose].

Pursuant to the Witness Protection Act 1995 , I, [name, rank and position], the duly appointed delegate of the Commissioner of Police, give the participant permission not to disclose the participant’s former identity to any person as required by that law for that purpose.

Signed:

Date:

Note: This permission remains valid while the participant retains his or her new identity even though the participant’s participation in the witness protection program concerned may have been terminated.
This permission is subject to the complementary witness protection law referred to above.