WITNESS PROTECTION ACT 1991 - SECT 3B Inclusion in the Victorian witness protection program

WITNESS PROTECTION ACT 1991 - SECT 3B

S. 3B(1) amended by No. 43/2014 s. 8(1).

    (1)     The Chief Commissioner may decide whether to include a witness in the Victorian 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 Victorian witness protection program only if—

        (a)     the Chief Commissioner has decided that the witness be included; and

        (b)     the witness agrees to be included; and

        (c)     the Chief Commissioner enters into a memorandum of understanding with the witness in accordance with section 5.

S. 3B(3) inserted by No. 43/2014 s. 8(2).

    (3)     In deciding whether to include a witness in the Victorian witness protection program, the Chief Commissioner must have regard to—

        (a)     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

        (b)     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

        (c)     the seriousness of the offence to which any relevant evidence or statement relates; and

        (d)     the nature and importance of any relevant evidence or statement; and

        (e)     whether there are viable alternative methods of protecting the witness; and

        (f)     the nature of the perceived danger to the witness; and

        (g)     the nature of the witness's relationship to other witnesses being assessed for inclusion in the program—

and may have regard to any other matters that the Commissioner considers relevant.

Note to s. 3B(3) inserted by No. 34/2016 s. 6(1).

Note

Under section 20M, in deciding whether to include a witness in the Victorian witness protection program, the Chief Commissioner also must take into consideration any recommendation or report of the Public Interest Monitor relating to the decision.

S. 3B(4) inserted by No. 43/2014 s. 8(2).

    (4)     The Chief Commissioner must not include a witness in the Victorian witness protection program if the Chief Commissioner does not, in his or her opinion, have enough information to assess the matters referred to in subsection (3) in relation to the witness.

S. 3B(5) inserted by No. 34/2016 s. 6(2).

    (5)     If a witness has been considered for inclusion in the Victorian witness protection program but has not been included in that program, the Chief Commissioner must consider whether to provide alternative protection arrangements to the witness under section 9P.

S. 3C

inserted by No. 58/1996 s. 5, amended by No. 43/2014 s. 9.