WITNESS PROTECTION (WESTERN AUSTRALIA) ACT 1996
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms and abbreviation used in this Act
- 4 Meaning of “witness”
PART 2 -- State Witness Protection Program
Division 1 -- Establishment
- 5 Commissioner to establish SWPP
- 6 Arrangements with approved authorities
- 7 Authorisation of approved authorities
Division 2 -- Including witnesses in the SWPP
- 8 Commissioner to decide who is included
- 9 Inclusion not to be a reward for giving evidence etc.
- 10 Witness to provide Commissioner with information before inclusion
- 11 Memorandum of understanding
- 12 Amending a memorandum of understanding
Division 3 -- Register of participants
- 13 Commissioner to keep register
- 14 Access to the register
Division 4 -- Protecting and assisting witnesses and participants
- 15 Commissioner must take action to protect etc.
- 16 Action as to obligations etc. of a participant
- 17 Commercial arrangements for benefit of participant
- 18 Identity documents in urgent cases
Division 5 -- New identity orders
- 19 Terms used in this Division
- 20 Application to Supreme Court
- 21 Supreme Court may make order
- 22A Effect of new identity order
- 22 Supreme Court may order former identity to be restored
- 23 Proceedings to be in private
- 24 Effect of actions done under order
Division 6 -- Terminating protection and assistance
- 25 Commissioner may terminate protection
- 26 Restoring a former identity
PART 3 -- Secrecy and disclosure
Division 1 -- General
- 27 Duty not to disclose
- 28 Disclosure of information cannot be compelled
- 29 Disclosing information to approved authorities
- 32 Certain disclosures to court to be in private
Division 2 -- Evidence by participants
Subdivision 1 -- Terms used
- 33 Terms used
Subdivision 2 -- Non-disclosure certificates for protected persons
- 34A Non-disclosure certificates
- 34B What non-disclosure certificate must state
Subdivision 3 -- Provisions applicable to court proceedings
- 34CA Application of Subdivision
- 34C Effect of non-disclosure certificate
- 34D Disclosure of protected person’s identity despite certificate
- 34E Directions to jury
- 34F Adjournment for appeal decision
- 34G Jurisdiction to hear and determine appeals
- 34H Recognition of non-disclosure certificates under corresponding laws
Subdivision 4 -- Provisions applicable to parliamentary proceedings
- 34I Application of Subdivision
- 34J Effect of non-disclosure certificate
- 34K Disclosure of protected person’s identity despite certificate
- 34L Restrictions on content of reports to Parliament
Division 3 -- Miscellaneous
- 34 Disclosure by Auditor General, Parliamentary Commissioner or Corruption and Crime Commission
PART 4 -- Miscellaneous
- 35 Offences
- 36 Delegation
- 37 Reporting on the SWPP
- 38 Protection from liability for wrongdoing
- 39 Regulations
PART 5 -- Transitional and savings provisions
