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Witness Protection Act 2000  – 5 May 2016

Witness Protection Regulation 2011 – 1 September 2011

Summary

The Crime and Corruption Commission (CCC) may include a person in a witness protection program where the person needs protection from a danger arising because the person has helped or is helping a law enforcement agency in the performance of its functions (or because of the person’s relationship or association with a person who has helped or is helping a law enforcement agency in the performance of its functions). Note: The person is included in the program and becomes a protected witness only when a protection agreement has been signed. For the definition of ‘witness protection’, refer to the Schedule 2 dictionary. For the definition of ‘law enforcement agency’, refer to the Schedule 2 dictionary and to regulation 6 of the Witness Protection Regulation 2011.

  • Sections 3, 5, 6, 7, 8, 9, 13, 14A, 14B, 14E, 16, 19, 20, 46, 47, Schedule 2; Regulation 6

If a protected witness is or may be required to give evidence in a proceeding in a court, whether under the person’s new identity or former identity, the person must notify the CCC that the person is or may be required to give evidence in the proceeding. Upon notification, the CCC must file a (non-disclosure) certificate for the protected witness with the court. Where such a certificate has been filed, a question must not be asked of a witness (including the protected witness) that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives. For further effects of a non-disclosure certificate, refer to sections 27 and 27A of the Act.

  • Sections 3, 24, 24A, 25, 27, 27A, Schedule 2
Reason for law

N/A

Relevant links

Witness protection program [Crime and Corruption Commission]

Critique

NA

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