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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WITNESS PROTECTION
BILL 2000
Queensland
WITNESS PROTECTION BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Act binds State, Commonwealth and other States . . . . . . . . . . . . . . . . . . . . 6
PART 2--WITNESS PROTECTION PROGRAM
5 Witness protection program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Person may be included in program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Protection agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Content of protection agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Interim protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Variation of protection agreement by agreement . . . . . . . . . . . . . . . . . . . . . 11
11 Variation by chairperson of protection agreement . . . . . . . . . . . . . . . . . . . . 11
12 Suspension of protection agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Voluntary withdrawal from program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 When chairperson may end protection under program . . . . . . . . . . . . . . . . . 13
PART 3--PROTECTING IDENTITY OF PROTECTED
WITNESSES AND FORMER PROTECTED WITNESSES
Division 1--Identifying documents
15 Identifying documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Application for new identity authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Power of authorising officer to issue new identity authority . . . . . . . . . . . . 15
18 Giving effect to new identity authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Effect of creation of birth certificate under new identity authority . . . . . . . 15
2
Witness Protection
20 Special provisions about concealing identities . . . . . . . . . . . . . . . . . . . . . . . 16
21 Restoration of former identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Particular documents to be destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Offence in relation to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Provisions about proceedings involving protected
witnesses
24 Requirement if person given new identity becomes a witness in
relevant proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 What non-disclosure certificate must state . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Effect of non-disclosure certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Relevant entity may grant leave to disclose relevant information . . . . . . . 19
Division 3--Other provisions about protecting identity
28 Documentation restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Special commercial arrangements by chairperson . . . . . . . . . . . . . . . . . . . . 21
30 Dealing with rights, obligations and restrictions of protected witness . . . . 22
31 Avoidance of obligations by protected witness . . . . . . . . . . . . . . . . . . . . . . . 22
32 Payments under witness protection program . . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Application of s 16 to approved authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Effect of issue of birth certificate under complementary witness
protection law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 4--MISCELLANEOUS
35 Development of training programs etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Offence of disclosures about protected witnesses . . . . . . . . . . . . . . . . . . . . . 24
37 Offence of disclosure by prescribed persons . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Certain persons not to be required to disclose information . . . . . . . . . . . . . 26
39 Restriction on issue of Queensland identity documents . . . . . . . . . . . . . . . . 27
40 Arrangements with approved authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
41 Approved authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Arrangements for Commonwealth identity documents . . . . . . . . . . . . . . . . . 27
43 Providing information to approved authorities . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Immunity from legal proceedings for exercise of functions under Act . . . . 28
45 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Notifying persons of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3
Witness Protection
47 Special provision about minors and adults with impaired capacity . . . . . . 30
48 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 5--TRANSITIONAL PROVISIONS
53 Existing witness protection program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Existing memorandum of understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 33
ACTS AMENDED
CRIME COMMISSION ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 34
JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 36
DICTIONARY
2000
A BILL
FOR
An Act about witness protection in Queensland, and for other
purposes
s1 6 s5
Witness Protection
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Witness Protection Act 2000. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Dictionary
3. The dictionary in schedule 2 defines terms used in this Act. 8
binds State, Commonwealth and other States 9
Act
4. This Act binds the State and, as far as the legislative authority of the 10
Parliament permits, the Commonwealth and the other States. 11
ART 2--WITNESS PROTECTION PROGRAM 12
P
protection program 13
Witness
5. The "witness protection program" is a program, run by the witness 14
protection division, to provide witness protection for-- 15
(a) persons included in the program under this Act; and 16
(b) persons who are being protected under a witness protection 17
program under a complementary witness protection law. 18
s7 7 s7
Witness Protection
may be included in program 1
Person
6.(1) The chairperson may include a person in the program on the 2
chairperson's own initiative, or on the application of a law enforcement 3
agency, if the chairperson considers-- 4
(a) the person needs protection from a danger arising-- 5
(i) because the person has helped, or is helping, a law 6
enforcement agency in the performance of its functions; or 7
(ii) because of the person's relationship or association with a 8
person who has helped, or is helping, a law enforcement 9
agency in the performance of its functions; and 10
(b) it is appropriate to include the person in the program. 11
12
Example for paragraph (a)(ii)--
13
A family member or an associate of a person who has helped a law
14
enforcement agency in a criminal investigation.
(2) An application of a law enforcement agency other than the 15
commission may be signed by the agency's chief executive officer or an 16
officer authorised by the agency's chief executive officer to sign the 17
application. 18
(3) In deciding whether to include the person in the program, the 19
chairperson must have regard to the following-- 20
(a) the person's criminal history; 21
(b) medical, psychiatric or psychological information about the 22
person made available to the chairperson with the person's 23
consent or under an arrangement under section 40;1 24
(c) if the person has helped, or is helping, a law enforcement agency 25
in the performance of its functions--the seriousness of any 26
offence in relation to which the person has given, or is giving 27
help; 28
(d) the extent of the help the person can offer, or has offered; 29
(e) any other available way of protecting the person; 30
(f) the nature of any threat to the person considered by the person or 31
1 Section 40 (Arrangements with approved authorities)
s8 8 s8
Witness Protection
the chairperson to exist; 1
(g) whether the person has applied previously for protection under 2
any of the following and, if the person was given protection, the 3
nature of the protection and the circumstances in which the 4
protection ended-- 5
(i) this Act; 6
(ii) the Criminal Justice Act 1989; 7
(iii) a corresponding witness protection law; 8
(h) any information disclosed to the chairperson of a type required 9
under a regulation. 10
(4) The chairperson must not include the person in the program-- 11
(a) if the chairperson considers there is not enough information 12
available to the chairperson to decide whether to include the 13
person in the program; or 14
(b) as a reward for giving evidence or making a statement. 15
(5) If the chairperson decides not to include the person in the program, 16
the chairperson must notify the person of the decision.2 17
agreement 18
Protection
7.(1) If the chairperson decides to include a person in the program, the 19
chairperson must prepare an agreement ("protection agreement") about 20
the person's inclusion in the program. 21
(2) The person must sign the protection agreement in the presence of the 22
director or another officer of the witness protection division.3 23
(3) The person is included in the program and becomes a protected 24
witness when the protection agreement has been signed by the chairperson 25
and the person. 26
(4) As soon as practicable after the protection agreement has been signed 27
2 For how notice may be given, see section 46 (Notifying persons of decisions).
3 For who can sign documents for a minor or an adult with impaired capacity, see
section 47 (Special provision about minors and adults with impaired capacity).
s9 9 s9
Witness Protection
by the protected witness and the chairperson, the chairperson must-- 1
(a) if the protected witness signed the agreement personally--notify 2
the protected witness of his or her inclusion in the program; or 3
(b) otherwise--notify the person who signed the agreement for the 4
protected witness of the inclusion of the protected witness in the 5
program. 6
of protection agreement 7
Content
8.(1) A protection agreement must include a condition ("mandatory 8
condition") to the effect that the chairperson may, under section 144, end a 9
person's involvement in the program as a protected witness if the person 10
contravenes a termination condition. 11
(2) A protection agreement may include other conditions the chairperson 12
considers appropriate including, but not limited to, the following 13
conditions-- 14
(a) a condition that the person must not-- 15
(i) contravene a law of the Commonwealth or of a State; or 16
(ii) engage in a stated kind of activity; or 17
(iii) compromise the integrity of the program; or 18
(iv) directly or indirectly compromise the security, or any other 19
aspect of, the protection or help being given to the person; 20
(b) a condition that the person must comply with all reasonable 21
directions of the chairperson about the protection and help given 22
to the person; 23
(c) a condition that the person will, if required by the chairperson, 24
undergo any of the following and make the results available to the 25
chairperson-- 26
(i) medical, psychological or psychiatric tests or examinations; 27
(ii) drug or alcohol counselling or treatment; 28
(d) a condition about the issue and surrender of passports and other 29
4 Section 14 (When chairperson may end protection under program)
s 10 10 s 11
Witness Protection
documents relating to the person's identity including, if the person 1
is given a new identity under this Act, documents relating to the 2
person's new identity; 3
(e) a condition that, while the person is included in the program, the 4
person will disclose to the chairperson details of-- 5
(i) any criminal charges made against the person; and 6
(ii) any civil proceeding, including any bankruptcy proceeding, 7
started against the person; 8
(f) a condition that, if the person intends to marry and adopt a new 9
name on marriage, the person will inform the chairperson of the 10
person's intention to marry, before marrying; 11
(g) a condition that the person must notify the chairperson that the 12
person is or may be required to give evidence in a proceeding. 13
(3) In addition, a protection agreement may include 1 or more of the 14
following-- 15
(a) a list of any aliases the person uses, or has used; 16
(b) a list of the person's outstanding legal obligations, including, for 17
example, family and taxation obligations; 18
(c) an agreement about how obligations mentioned in paragraph (b) 19
are to be met; 20
(d) a financial support arrangement; 21
(e) details of marriage, family, taxation, welfare and other domestic 22
or relationship obligations. 23
protection 24
Interim
9.(1) This section applies if-- 25
(a) the chairperson considers a person is in urgent need of the 26
protection available under the program; and 27
(b) the chairperson has not decided whether to include the person in 28
the program. 29
(2) The chairperson may, under section 7, make a protection agreement 30
("interim protection agreement") with the person as if the chairperson 31
s 12 11 s 13
Witness Protection
had decided to include the person in the program. 1
(3) As soon as practicable after making the interim protection agreement, 2
the chairperson must decide under section 6 whether to include the person in 3
the program. 4
(4) If the chairperson decides to include the person in the program, the 5
chairperson must make a protection agreement with the person under 6
section 7 to replace the interim protection agreement. 7
(5) If the chairperson decides not to include the person in the program, 8
the chairperson must end the protection under the interim protection 9
agreement by notice to the person. 10
of protection agreement by agreement 11
Variation
10.(1) A protection agreement, including an interim protection 12
agreement, may be varied by agreement ("variation agreement") between 13
the chairperson and the protected witness under the agreement. 14
(2) The variation agreement must not have the effect of omitting the 15
mandatory condition from the protection agreement. 16
(3) The agreement takes effect on the day stated in the variation 17
agreement or, if no day is stated, the day after the variation agreement is 18
made. 19
by chairperson of protection agreement 20
Variation
11.(1) The chairperson may vary a protection agreement, including an 21
interim protection agreement, other than by agreement with the protected 22
witness under the agreement. 23
(2) Before the chairperson varies the agreement, the chairperson must-- 24
(a) notify the protected witness of the proposed variation and the 25
reason for the variation; and 26
(b) give the protected witness a reasonable opportunity to comment 27
on the proposed variation. 28
(3) If, after considering any comments, the chairperson still proposes to 29
vary the agreement, the chairperson may vary the agreement by notice given 30
to the protected witness. 31
s 14 12 s 14
Witness Protection
(4) The variation must not have the effect of omitting the mandatory 1
condition from the protection agreement. 2
(5) The variation takes effect on the day after the notice is received by the 3
protected witness. 4
of protection agreement 5
Suspension
12.(1) This section applies if the chairperson is satisfied a protected 6
witness can not properly be protected under the program because of 7
something the protected witness has done or intends to do that stops the 8
person from being appropriately protected. 9
10
Examples--
11
1. The protected witness may be temporarily in custody in a watch-house.
12
2. The protected witness may be imprisoned for an offence.
13
3. The protected witness may intend to travel to a place despite the chairperson
14
having advised the person not to go there because of the risk of harm to the person.
(2) The chairperson may suspend the protection agreement for a stated 15
reasonable time by notice given to the protected witness. 16
(3) This section does not limit section 14. 17
withdrawal from program 18
Voluntary
13.(1) A protected witness may withdraw from the program by written 19
or oral notice given to the chairperson. 20
(2) If the notice is given orally, the chairperson must take reasonable 21
steps to have the notice confirmed in writing. 22
(3) If the protected witness is unwilling or unable to confirm the notice in 23
writing, the chairperson must satisfy himself or herself that the oral notice 24
was in fact given by the protected witness. 25
(4) If the chairperson is satisfied the person did give notice of withdrawal 26
from the program, the chairperson may end the protection-- 27
(a) if the notice was written--on the day stated in the notice or, if no 28
day is stated, the day after the chairperson receives the notice; or 29
s 15 13 s 15
Witness Protection
(b) if the notice was given orally--on the day after the chairperson is 1
satisfied the oral notice was in fact given. 2
chairperson may end protection under program 3
When
14.(1) The chairperson may end the protection of a protected witness if-- 4
(a) the chairperson is satisfied-- 5
(i) the protected witness has committed an offence against a law 6
of the Commonwealth or a State that is punishable by at least 7
1 year's imprisonment; or 8
(ii) the protected witness has contravened a termination 9
condition without reasonable excuse and the contravention is 10
significant; or 11
(iii) the protected witness has withdrawn his or her help under 12
section 6(1)(a)(i); or 13
(b) the chairperson considers it is no longer appropriate for the 14
protected witness to be included in the program, including, for 15
example, because the protected witness's conduct is a threat to the 16
integrity of the program. 17
(2) Before ending the protection, the chairperson must take the steps the 18
chairperson considers are reasonably necessary-- 19
(a) to inform the protected person-- 20
(i) why it is proposed to end the protection; and 21
(ii) when the protection will end; and 22
(b) to give the person a reasonable opportunity to state why the 23
protection should not end. 24
(3) After considering any response, the chairperson may end the 25
protection on the date stated under subsection (2)(a)(ii) or decide not to end 26
the protection. 27
(4) If-- 28
(a) the chairperson ends the protection; and 29
(b) the person acknowledges that the protection has ended; and 30
s 16 14 s 18
Witness Protection
(c) immediately before the protection ended, the person was receiving 1
financial help under the protection agreement made for the person; 2
the chairperson may, continue to provide financial help to the person for the 3
time the chairperson considers appropriate. 4
ART 3--PROTECTING IDENTITY OF PROTECTED 5
P
WITNESSES AND FORMER PROTECTED 6
WITNESSES 7
1--Identifying documents 8
Division
documents 9
Identifying
15.(1) The chairperson may, in the way the chairperson considers 10
appropriate, require a person responsible for issuing an identity document-- 11
(a) to issue a document that is reasonably necessary-- 12
(i) to allow a protected witness to establish a new identity; or 13
(ii) to otherwise protect a protected witness; or 14
(iii) to restore a former protected witness's former identity; and 15
(b) to make any necessary entry in a record kept by the person 16
relating to identity documents issued by the person. 17
(2) The person must comply with the requirement. 18
(3) This section has effect despite any other Act or law. 19
for new identity authority 20
Application
16.(1) The chairperson may apply to the authorising officer for a new 21
identity authority for a protected witness. 22
(2) The application must be written and include enough information to 23
enable the authorising officer to properly consider whether the protected 24
witness should be given a new identity. 25
s 19 15 s 20
Witness Protection
(3) The authorising officer may refuse to consider the application until the 1
chairperson gives the authorising officer all the information the authorising 2
office requires about the application in the way the authorising officer 3
requires. 4
5
Example--
6
The authorising officer may require additional information about the application to
7
be given by statutory declaration.
of authorising officer to issue new identity authority 8
Power
17.(1) This section applies if the authorising officer is satisfied-- 9
(a) a person is a protected witness; and 10
(b) the protected witness is likely to comply with his or her protection 11
agreement; and 12
(c) it is necessary to change the protected witness's identity to protect 13
the protected witness. 14
(2) The authorising officer may issue an authority ("new identity 15
authority") stating that a named officer of the witness protection division is 16
authorised to create a birth certificate to give the protected witness to whom 17
the certificate relates a new identity. 18
effect to new identity authority 19
Giving
18. On the production of a new identity authority to the registrar-general, 20
for inspection-- 21
(a) the officer named in the authority may create a birth certificate 22
showing the new identity for the protected witness; and 23
(b) the registrar-general must give the officer the help the officer 24
reasonably requires for the purpose. 25
of creation of birth certificate under new identity authority 26
Effect
19. If a protected witness is given a new identity by creating a birth 27
certificate under a new identity authority, the new identity is taken, for all 28
s 21 16 s 21
Witness Protection
purposes, to be the person's actual identity, unless the person's former 1
identity is restored under this Act. 2
provisions about concealing identities 3
Special
20.(1) This section applies despite any other Act or law. 4
(2) It is lawful for a person responsible for issuing a relevant document 5
to issue, at the request of the chairperson or in accordance with a new 6
identity authority, a document that helps a protected witness conceal his or 7
her actual identity and personal particulars, including, for example, his or 8
her date and place of birth. 9
(3) The chairperson, the authorising officer, the person authorised to 10
create a relevant document, the person responsible for issuing the document, 11
and anyone helping to issue the document-- 12
(a) does not commit an offence against any Act or law by 13
authorising, issuing or helping to issue the document; and 14
(b) no civil proceeding may be started or continued against the person 15
only because of the issue of the document. 16
(4) Also, any contract or agreement made with a person given a new 17
identity under this Act is not invalid only because of the use by the person 18
of the new identity while the person is authorised under this Act to use the 19
new identity. 20
(5) In this section-- 21
"relevant document" means a document that-- 22
(a) may lawfully be issued under an Act; and 23
(b) may be used to identify a person or authorise a person to do a 24
lawful act. 25
of former identity 26
Restoration
21.(1) This section applies if-- 27
(a) protection given to a person who has been given a new identity 28
under the program has ended; and 29
(b) the chairperson considers it appropriate, having regard to the 30
s 22 17 s 24
Witness Protection
following, to restore the person's former identity-- 1
(i) the length of time the person has been known under the new 2
identity; 3
(ii) the circumstances in which the protection was provided; 4
(iii) the effect restoring the person's former identity may have on 5
the person and members of the person's family, including 6
on the safety of those persons. 7
(2) The chairperson must-- 8
(a) take reasonable steps to notify the person of the proposed action 9
and the reasons for taking the proposed action; and 10
(b) give the person a reasonable opportunity to comment on the 11
proposal. 12
(3) If after considering any comments made by the person, the 13
chairperson considers it is still appropriate to restore the person's former 14
identity, the chairperson may take the action the chairperson considers 15
necessary to restore the person's former identity. 16
(4) If the chairperson decides to restore the person's former identity, the 17
chairperson must, by notice to the person, require the person to return to the 18
chairperson at a stated place and within a stated time, of at least 14 days, any 19
documents given to the person-- 20
(a) to allow the person to establish a new identity; or 21
(b) to give the person a new identity. 22
(5) The person must comply with the requirement unless the person has 23
a reasonable excuse. 24
Maximum penalty--60 penalty units. 25
documents to be destroyed 26
Particular
22.(1) This section applies to a document returned to the chairperson 27
under a protection agreement or section 21. 28
(2) The chairperson must-- 29
(a) destroy the document as soon as practicable after receiving it; or 30
s 25 18 s 26
Witness Protection
(b) make arrangements with the person responsible for issuing the 1
document for the destruction of the document. 2
(3) Subsection (2) applies despite the Public Records Act. 3
in relation to documents 4
Offence
23. A person for whom a birth certificate is created under this Act must 5
not use or obtain a document issued by the registrar-general based on the 6
person's former identity, unless the person's former identity is restored. 7
Maximum penalty--60 penalty units. 8
Division 2--Provisions about proceedings involving protected witnesses 9
if person given new identity becomes a witness in 10
Requirement
relevant proceeding 11
24.(1) If a person given a new identity under this Act is or may be 12
required to give evidence in a relevant proceeding under the new identity, the 13
person must notify the chairperson that the person is or may be required to 14
give evidence in the relevant proceeding. 15
Maximum penalty--60 penalty units. 16
(2) The chairperson must give the relevant entity a certificate 17
("non-disclosure certificate") relating to the person. 18
(3) If the relevant entity considers it appropriate in the relevant 19
proceeding, the relevant entity may disclose to each party to the 20
proceeding-- 21
(a) that the relevant entity has been given a non-disclosure certificate 22
relating to a person who may be required to give evidence in the 23
proceeding; and 24
(b) what the certificate states. 25
(4) The relevant entity-- 26
(a) may only disclose what the non-disclosure certificate states in the 27
absence of any jury empanelled for the proceeding and the public; 28
and 29
s 27 19 s 27
Witness Protection
(b) when disclosing the certificate's existence, must inform the 1
parties of the effect of the certificate. 2
non-disclosure certificate must state 3
What
25.(1) The non-disclosure certificate must state-- 4
(a) the person is, or has been, included in the witness protection 5
program; and 6
(b) the person has been given a new identity under this Act; and 7
(c) the person has not been convicted of any offence, other than a 8
stated offence. 9
(2) The certificate must not include any information that may enable the 10
former identity of the person to be revealed. 11
of non-disclosure certificate 12
Effect
26.(1) Subject to section 27, on the giving of the non-disclosure 13
certificate-- 14
(a) a question may not be asked in the relevant proceeding that may 15
lead to the disclosure of the former identity of the protected 16
witness or where the protected witness lives; and 17
(b) a witness in the relevant proceeding, including the protected 18
witness, can not be required to answer a question, give any 19
evidence, or provide any information, that may lead to the 20
disclosure of the former identity of the protected witness or where 21
the protected witness lives; and 22
(c) a person involved in the relevant proceeding must not in the 23
relevant proceeding make a statement that discloses or could 24
disclose the former identity of the protected witness or where the 25
witness lives. 26
(2) This section applies despite any other Act. 27
entity may grant leave to disclose relevant information 28
Relevant
27.(1) The relevant entity may, on application made to it, give leave to 29
s 28 20 s 29
Witness Protection
any of the following ("relevant party") to ask questions of a witness, 1
including the protected witness, or make a statement that, if answered or 2
made, may disclose the protected witness's former identity or where the 3
protected witness lives-- 4
(a) for a criminal proceeding-- 5
(i) the prosecutor; and 6
(ii) each accused person to whom the relevant proceeding relates 7
or the person's lawyer; 8
(b) for a civil proceeding--each party to the relevant proceeding or 9
the party's lawyer; 10
(c) for another proceeding--each person who has been given leave to 11
appear in the relevant proceeding or the person's lawyer; 12
(d) in any proceeding--a lawyer assisting the relevant entity. 13
(2) The relevant entity may direct that the application be heard in the 14
absence of any jury empanelled for the proceeding and the public. 15
(3) The relevant entity must not give leave under subsection (1) unless 16
satisfied-- 17
(a) there is some evidence that, if believed, would call into question 18
the credibility of the protected witness; and 19
(b) it is in the interests of justice for the relevant party to be able to 20
test the credibility of the protected witness; and 21
(c) it would be impractical to test properly the credibility of the 22
protected witness without knowing the actual identity of the 23
person. 24
(4) If the relevant entity gives leave, a person may, in accordance with the 25
leave-- 26
(a) ask a question that may lead to the disclosure of the actual identity 27
of the protected witness or where the protected witness lives; or 28
(b) answer a question, give evidence, or provide information that may 29
lead to the disclosure of the actual identity of the protected witness 30
or where the protected witness lives; or 31
(c) make a statement that discloses or could disclose the actual 32
s 30 21 s 31
Witness Protection
identity of the protected witness or where the protected witness 1
lives. 2
(5) If the relevant entity gives leave, the relevant entity-- 3
(a) must hold the part of the proceeding that relates to relevant 4
information in the absence of the public; and 5
(b) must make an order for the suppression of publication of 6
evidence given before it that it considers will ensure relevant 7
information is not disclosed; and 8
(c) may make any other order the relevant entity considers 9
appropriate. 10
(6) A person must not contravene an order made under subsection (5). 11
Maximum penalty--85 penalty units or 1 year's imprisonment. 12
(7) Subsection (6) does not limit the relevant entity's power to punish for 13
contempt. 14
Division 3--Other provisions about protecting identity 15
restrictions 16
Documentation
28. The chairperson must not obtain a document for a protected witness 17
representing that the protected witness-- 18
(a) has a qualification the protected witness does not have; or 19
(b) is entitled to a benefit the protected witness would not be entitled 20
to if the protected witness were not included in the program. 21
commercial arrangements by chairperson 22
Special
29. The chairperson may make a commercial arrangement with a person 23
under which a protected witness may obtain a benefit under a contract or 24
arrangement without revealing his or her former identity. 25
s 32 22 s 34
Witness Protection
with rights, obligations and restrictions of protected witness 1
Dealing
30.(1) The chairperson must take any reasonably practicable steps to 2
ensure-- 3
(a) all outstanding rights and obligations of a protected witness are 4
dealt with according to law; and 5
(b) a protected witness complies with all restrictions applying to the 6
protected witness. 7
(2) The steps the chairperson may take include the following-- 8
(a) providing protection for the protected witness while the protected 9
witness is attending court; 10
(b) notifying a party or possible party to a proceeding that the 11
chairperson will, on behalf of the protected witness, accept 12
process issued by a court, tribunal or commission of inquiry, and 13
nominating an officer of the witness protection division for the 14
purpose. 15
of obligations by protected witness 16
Avoidance
31.(1) If the chairperson is satisfied a protected witness who has been 17
given a new identity under the program is using the new identity to avoid 18
obligations incurred or restrictions imposed before the new identity was 19
established, the chairperson must give the protected witness notice of the 20
fact. 21
(2) The notice must also state that, unless the protected witness satisfies 22
the chairperson the obligations will be dealt with according to law or the 23
restrictions will be complied with, the chairperson will take the action the 24
chairperson considers reasonably necessary to ensure the obligations are 25
dealt with or the restrictions are complied with. 26
(3) The action may include informing a person who is seeking to enforce 27
rights against the protected witness of the details of any real or personal 28
property owned by the protected witness under his or her former identity. 29
under witness protection program 30
Payments
32.(1) The chairperson may certify in writing that all or part of an amount 31
s 32 23 s 34
Witness Protection
paid to a person represents payments made to the person under the witness 1
protection program. 2
(2) The amount can not be confiscated or restrained, and can not be 3
applied in payment of pecuniary penalties, under the Crimes (Confiscation) 4
Act 1989. 5
of s 16 to approved authorities 6
Application
33.(1) This section applies if-- 7
(a) a person is included in a witness protection program under a 8
complementary witness protection law; and 9
(b) the chief executive officer of an approved authority considers it is 10
necessary for the chief executive officer to apply to the authorising 11
officer for a new identity authority under this Act. 12
(2) Section 16 applies to the person as if-- 13
(a) the person were included in the witness protection program under 14
this Act; and 15
(b) the chief executive officer were the chairperson. 16
(3) A reference in this part to a protection agreement is taken to include a 17
reference to a document that is the equivalent of a protection agreement 18
under a complementary witness protection law. 19
of issue of birth certificate under complementary witness 20
Effect
protection law 21
34.(1) This section applies if a person is given a new identity under a 22
complementary witness protection law by issuing a document equivalent to 23
a birth certificate under the complementary witness protection law. 24
(2) While the person is in Queensland, the new identity is taken, for all 25
purposes, to be the person's actual identity, unless the person's former 26
identity is restored under the complementary witness protection law. 27
s 35 24 s 36
Witness Protection
PART 4--MISCELLANEOUS 1
of training programs etc. 2
Development
35.(1) For giving effect to the witness protection program, the 3
chairperson-- 4
(a) must develop appropriate training programs and ensure persons 5
involved in providing witness protection, whether or not officers 6
of the witness protection division, are appropriately trained to 7
perform the duties of witness protection; and 8
(b) must develop ways of providing adequate witness protection to 9
persons generally or in particular cases; and 10
(c) must keep an accurate register of-- 11
(i) the factual particulars and assumed particulars of persons 12
who have assumed new identities under the witness 13
protection program; and 14
(ii) non-disclosure certificates given under this Act; and 15
(d) may do anything else the chairperson considers reasonably 16
necessary to give effect to the program. 17
(2) A register mentioned in subsection (1)(c) may form part of another 18
register kept by the chairperson under the Criminal Justice Act 1989. 19
of disclosures about protected witnesses 20
Offence
36.(1) This section applies to the disclosure of information about a 21
person who is, or has been, included in the witness protection program 22
("relevant person"). 23
(2) A person must not knowingly, directly or indirectly, disclose or 24
record information about a relevant person if the information compromises 25
the security of a relevant person or the integrity of the program. 26
Maximum penalty--10 years imprisonment. 27
(3) Subsection (2) does not apply to a disclosure or record that-- 28
(a) is necessary to provide witness protection; or 29
s 37 25 s 37
Witness Protection
(b) is made with the chairperson's consent; or 1
(c) is otherwise required for the administration of this Act or the 2
Criminal Justice Act 1989; or 3
(d) is permitted by leave given under section 27. 4
(4) In this section-- 5
"disclose" information, includes allow access to the information. 6
of disclosure by prescribed persons 7
Offence
37.(1) A prescribed person must not, directly or indirectly, disclose or 8
communicate to another person-- 9
(a) that the prescribed person or someone else known to the 10
prescribed person has-- 11
(i) undergone assessment for inclusion in the program; or 12
(ii) signed a protection agreement; or 13
(b) details of a protection agreement signed by the prescribed person 14
or someone else known to the prescribed person; or 15
(c) information about anything done by the chairperson or an officer 16
of the witness protection division under this Act; or 17
(d) information about an officer of the witness protection division 18
gained by the person because of something done under this Act. 19
Maximum penalty--1 year's imprisonment. 20
(2) Subsection (1) does not apply to a disclosure or communication-- 21
(a) authorised by the chairperson; or 22
(b) necessary to give effect to a new identity authority; or 23
(c) permitted by leave given under section 27; or 24
(d) to the parliamentary committee. 25
(3) In this section-- 26
"prescribed person" means-- 27
(a) a protected witness; or 28
s 38 26 s 38
Witness Protection
(b) a former protected witness; or 1
(c) a person who has undergone assessment for inclusion in the 2
program. 3
persons not to be required to disclose information 4
Certain
38.(1) This section applies to a person ("relevant person") who is or 5
has been-- 6
(a) a member of the commission, including the chairperson; or 7
(b) an officer of the commission; or 8
(c) the registrar-general; or 9
(d) a person employed in the administration of the Registration of 10
Births, Deaths and Marriages Act 1962; or 11
(e) the chief executive officer of an approved authority; or 12
(f) a member of the staff of an approved authority; or 13
(g) an authorising officer; or 14
(h) an officer of an entity providing services to or for a protected 15
person at the request of the chairperson; or 16
(i) a member of the parliamentary committee under the Criminal 17
Justice Act 1989; or 18
(j) the parliamentary commissioner under the Criminal Justice Act 19
1989. 20
(2) In a relevant proceeding, a relevant person can not be required to 21
produce a document or to disclose anything relating to the performance of 22
duties or the protection of persons under this Act, unless-- 23
(a) a District Court judge or Supreme Court judge otherwise orders; 24
or 25
(b) the proceeding relates to an offence against this Act. 26
(3) Subsection (2) does not prevent a member or officer of the 27
commission producing documents or disclosing information under an 28
approval given by the chairperson for the relevant proceeding. 29
s 42 27 s 43
Witness Protection
on issue of Queensland identity documents 1
Restriction
39. A person responsible for issuing a Queensland identity document 2
must not issue an identity document for a person included in a witness 3
protection program being conducted by the Commonwealth or another State 4
unless the document is issued under an arrangement under section 40. 5
with approved authorities 6
Arrangements
40.(1) The chairperson may make an arrangement with the chief 7
executive officer of an approved authority about any matter relating to the 8
administration of a complementary witness protection law. 9
(2) Without limiting subsection (1), the arrangement-- 10
(a) may provide for the exercise by the chairperson of functions 11
conferred under the complementary witness protection law; and 12
(b) must include procedures under which the approved authority 13
shares with the State the costs incurred under the arrangements; 14
and 15
(c) may provide for the approved authority to make available to the 16
chairperson the statements, transcripts of evidence and other 17
documents necessary to help the chairperson decide-- 18
(i) whether to provide protection or help to a person under this 19
Act; and 20
(ii) what protection and help are appropriate for a person. 21
authorities 22
Approved
41. A regulation may authorise the chief executive officer of an approved 23
authority to exercise powers conferred on the chairperson under this Act, 24
other than under section 33, for an arrangement made under section 40 or 25
the corresponding provision of a complementary witness protection law. 26
for Commonwealth identity documents 27
Arrangements
42. The Minister may, for the State, enter into an arrangement with the 28
Minister responsible for the administration of the Witness Protection Act 29
s 44 28 s 46
Witness Protection
1994 (Cwlth) about the issue of Commonwealth identity documents within 1
the meaning of that Act. 2
information to approved authorities 3
Providing
43.(1) This section applies if-- 4
(a) a person has been given a new identity or relocated under this Act; 5
and 6
(b) any of the following entities notifies the chairperson that the 7
person is under investigation for, has been arrested for, or has 8
been charged with, a serious offence-- 9
(i) an approved authority; 10
(ii) the commissioner of the police service; 11
(iii) the crime commissioner. 12
(2) The chairperson may do any 1 or more of the following things-- 13
(a) release to an approved authority the person's new identity or 14
location; 15
(b) provide an approved authority with the person's criminal history 16
and fingerprints; 17
(c) if the chairperson considers it appropriate in the circumstances-- 18
(i) release to an approved authority information relating to the 19
person; or 20
(ii) allow officers of an approved authority to interview officers 21
of the witness protection division in relation to the protected 22
witness. 23
(3) In this section-- 24
"serious offence" means an offence against a law of Queensland, the 25
Commonwealth, or another State, that is punishable by at least 1 year's 26
imprisonment. 27
from legal proceedings for exercise of functions under Act 28
Immunity
44.(1) A person is not liable to any action, suit or proceedings for an act 29
s 47 29 s 48
Witness Protection
done or omitted to be done by the person in good faith and without 1
negligence in the exercise or purported exercise of a function conferred by 2
this Act. 3
(2) If subsection (1) prevents a liability attaching to a person, liability 4
attaches instead to the State. 5
(3) Subsection (2) does not apply to an officer of an approved authority. 6
to registers 7
Access
45. A person other than the following is not entitled to inspect a register 8
kept under this Act-- 9
(a) the chairperson; 10
(b) a commissioner under the Criminal Justice Act 1989; 11
(c) the director; 12
(d) an officer of the witness protection division; 13
(e) the parliamentary commissioner. 14
persons of decisions 15
Notifying
46.(1) This section applies if the chairperson is required under this Act to 16
notify a person about the person's involvement in the witness protection 17
program. 18
(2) The chairperson may notify the person of the decision in the way the 19
chairperson considers appropriate. 20
21
Example for subsection (2)--
22
The chairperson may arrange for the person to be shown a written notice stating
23
the decision and asked to sign an acknowledgment of having read and understood the
24
notice.
(3) A notice to be given to a minor may be given to a parent or guardian 25
of the minor. 26
(4) A notice to be given to an adult with impaired capacity may be given 27
to-- 28
(a) a person who may exercise powers in relation to personal matters 29
for the adult under a power of attorney under the Powers of 30
s 49 30 s 54
Witness Protection
Attorney Act 1998; or 1
(b) a guardian for the adult under the Guardianship and 2
Administration Act 2000. 3
provision about minors and adults with impaired capacity 4
Special
47.(1) This section applies to a notice, agreement, acknowledgment or 5
another document to be signed by a protected witness who is a minor or a 6
person with impaired capacity. 7
(2) A document to be signed by a minor may be signed by a parent or 8
guardian of the minor. 9
(3) A document to be signed by an adult with impaired capacity may be 10
signed by-- 11
(a) a person who may exercise powers in relation to personal matters 12
for the adult under a power of attorney under the Powers of 13
Attorney Act 1998; or 14
(b) a guardian of the adult under the Guardianship and 15
Administration Act 2000. 16
17
Delegation
48.(1) The chairperson may delegate powers of the chairperson under 18
this Act to an appropriately qualified officer of the witness protection 19
division. 20
(2) However, the chairperson must not delegate-- 21
(a) the power to decide to offer protection other than interim 22
protection; or 23
(b) the power to end protection-- 24
(i) without a protected witness's agreement; or 25
(ii) after being given oral notice of a protected witness's 26
withdrawal from the program; or 27
(c) the power to give a non-disclosure certificate. 28
(3) In this section-- 29
s 54 31 s 54
Witness Protection
"appropriately qualified", for a person to whom a power under this Act 1
may be delegated, includes having the qualifications, experience or 2
standing appropriate to exercise the power. 3
of forms 4
Approval
49. The chairperson may approve forms for use under this Act. 5
6
Proceedings
50. Proceedings for an offence against this Act may be taken in a 7
summary way under the Justices Act 1886. 8
power 9
Regulation-making
51. The Governor in Council may make regulations under this Act. 10
amended 11
Acts
52. Schedule 1 amends the Acts it mentions. 12
PART 5--TRANSITIONAL PROVISIONS 13
witness protection program 14
Existing
53. On the commencement of this section, a person included in the 15
witness protection program under the Criminal Justice Act 1989 16
immediately before the commencement is taken to be included in the 17
witness protection program under this Act. 18
memorandum of understanding 19
Existing
54.(1) On the commencement of this section, a document signed by a 20
person included in the witness protection program under the Criminal 21
Justice Act 1989 and purporting to be a memorandum of understanding that 22
s 54 32 s 54
Witness Protection
is in force is taken to be a protection agreement signed by a protected 1
witness under this Act. 2
(2) If the memorandum of understanding does not include a condition to 3
the effect of the mandatory condition, the memorandum is taken to include 4
the mandatory condition. 5
33
Witness Protection
SCHEDULE 1 1
¡
CTS AMENDED 2
A
section 52 3
CRIME COMMISSION ACT 1997 4
´
1. Section 128(1)(a) and (b)-- 5
renumber as section 128(1)(b) and (c). 6
2. Section 128(1)-- 7
insert-- 8
`(a) is helping or has helped QCC in the performance of its functions; 9
or'. 10
3. Section 128(2), after `the person'-- 11
insert-- 12
`under the Witness Protection Act 2000'. 13
4. Section 128(3)-- 14
omit. 15
RIMINAL JUSTICE ACT 1989 16
´C
1. Section 19(1), example, paragraph (a)-- 17
omit. 18
34
Witness Protection
SCHEDULE 1 (continued)
2. Section 19(1), examples, paragraphs (b) and (c)-- 1
renumber as paragraphs (a) and (b). 2
3. Sections 61 to 63-- 3
omit, insert-- 4
`Witness protection division 5
`61.(1) A witness protection division is established. 6
`(2) The division has the functions conferred on it by this or another 7
Act.'. 8
4. Section 103(2)-- 9
renumber as section 103(3). 10
5. Section 103-- 11
insert-- 12
`(2) Protection under this section may be given independently of any 13
protection given under the Witness Protection Act 2000.'. 14
FREEDOM OF INFORMATION ACT 1992 15
´
1. After section 11B-- 16
insert-- 17
`Application of Act to witness protection program 18
`11C. This Act does not apply to documents received or brought into 19
existence for or in relation to the witness protection program under the 20
Witness Protection Act 2000 or a complementary witness protection law 21
within the meaning of that Act.'. 22
35
Witness Protection
SCHEDULE 1 (continued)
UDICIAL REVIEW ACT 1991 1
´J
1. Schedule 1, part 2-- 2
insert-- 3
`6. Witness Protection Act 2000'. 4
5
36
Witness Protection
SCHEDULE 2 1
¡
DICTIONARY 2
section 3 3
"approved authority" means-- 4
(a) the Australian Federal Police; or 5
(b) a police force or service of another State; or 6
(c) another entity-- 7
(i) established under a law of the Commonwealth or another 8
State; and 9
(ii) authorised under the law of the Commonwealth or other 10
State to investigate or inquire into criminal conduct, 11
misconduct or corruption; and 12
(iii) declared by regulation to be an approved authority for this 13
Act. 14
"approved form" see section 49. 15
"authorising officer" means the independent member of the controlled 16
operations committee under the Police Powers and Responsibilities 17
Act 2000. 18
"chairperson" means the chairperson of the commission. 19
"chief executive officer", of an approved authority, means-- 20
(a) for a police force or service of another State or the 21
Commonwealth, the commissioner of the police force or service; 22
or 23
(b) for another entity, the chief executive officer of the entity, 24
however described. 25
"commission" means the Criminal Justice Commission. 26
37
Witness Protection
SCHEDULE 2 (continued)
"commission of inquiry" means a commission of inquiry under the 1
Commissions of Inquiry Act 1950. 2
"complementary witness protection law" means a law of the 3
Commonwealth or another State declared by regulation to be a 4
complementary witness protection law for this Act. 5
"criminal history", of a protected witness, means the protected witness's 6
criminal history under the Criminal Law (Rehabilitation of Offenders) 7
Act 1986. 8
"director" means the director of the witness protection division. 9
"former identity", of a person given a new identity under this Act or a 10
complementary witness protection law, means the identity the person 11
had before being given the new identity. 12
"identity document" means a document, other than a birth certificate, that 13
identifies or helps identify a person. 14
"impaired capacity" means capacity that is impaired capacity under the 15
Guardianship and Administration Act 2000. 16
"interim protection agreement" see section 9. 17
"law enforcement agency" means-- 18
(a) the commission; or 19
(b) a commission of inquiry; or 20
(c) the Queensland crime commission; or 21
(d) the police service; or 22
(e) the Australian Federal Police; or 23
(f) a police force or service of another State; or 24
(g) an entity declared under a regulation to be a law enforcement 25
agency for this Act. 26
"mandatory condition" see section 8. 27
"new identity authority" see section 17. 28
"non-disclosure certificate" see section 24. 29
38
Witness Protection
SCHEDULE 2 (continued)
"program" means the witness protection program. 1
"protected witness" means a person included in the witness protection 2
program. 3
"protection agreement" see section 7. 4
"Public Records Act" means-- 5
(a) until the commencement of the Public Records Act 2000, 6
section 145--the Libraries and Archives Act 1988; or 7
(b) from the commencement of the Public Records Act 2000, section 8
14--the Public Records Act 2000. 9
"registrar-general" means the registrar-general under the Registration of 10
Births, Deaths and Marriages Act 1962. 11
"relevant entity" means the entity in which a relevant proceeding is being 12
heard. 13
"relevant information" means information about-- 14
(a) a person's former identity; or 15
(b) a person's location; or 16
(c) a person's inclusion or involvement in the program. 17
"relevant proceeding" means-- 18
(a) a proceeding before a court or tribunal; or 19
(b) an examination of witnesses under the Justices Act 1886 in 20
relation to an indictable offence; or 21
(c) an inquest under the Coroners Act 1958; or 22
(d) a hearing under any of the following-- 23
(i) the Crime Commission Act 1997, part 76; or 24
5 Public Records Act 2000, section 14 (Public authority must ensure particular
records remain accessible)
6 Crime Commission Act 1997, part 7 (Hearings)
39
Witness Protection
SCHEDULE 2 (continued)
(ii) the Criminal Justice Act 1989, section 257; or 1
(iii) a commission of inquiry under the Commissions of Inquiry 2
Act 1950; or 3
(e) an investigation by the parliamentary commissioner under the 4
Criminal Justice Act 1989, part 4A. 5
"termination condition" means a condition identified in a protection 6
agreement as a condition that, if contravened, may result in the ending 7
of a person's involvement in the witness protection program. 8
"witness protection" means protection of a person's personal safety, 9
including, for example, by giving the person a new identity, relocating 10
the person or helping the person find new employment. 11
"witness protection division" means the witness protection division of the 12
commission. 13
"witness protection program" see section 5. 14
15
© State of Queensland 2000
7 Criminal Justice Act 1989, section 25 (Commission hearings)
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