New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995

- As at 28 July 2021 
- Act 87 of 1995 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Who is a witness?

   PART 2 - WITNESS PROTECTION PROGRAM

   5.      Witness protection program
   6.      Inclusion in the witness protection program
   7.      Assessing witness for inclusion in witness protection program
   8.      Memorandum of understanding
   9.      Variation of memorandum of understanding
   10.     Temporary protection pending full assessment
   11.     Cessation of protection and assistance
   11A.    Suspension of protection and assistance
   12.     Notice of involuntary termination or suspension and application for review
   13.     Date on which involuntary termination or suspension takes effect

   PART 3 - PROTECTING WITNESSES FROM IDENTIFICATION

   14.     Identifying documents
   15.     Application for court order
   16.     Court proceedings under this Part to be closed to public
   17.     Power of Supreme Court to make order
   18.     Effect of witness protection order
   19.     Effect of entries made under this Act
   20.     Special provision in case of marriage of participant
   21.     Restoration of former identity
   22.     Offences in relation to documents
   23.     Information not to be disclosed
   24.     Non-disclosure of former identity of participant
   25.     (Repealed)
   26.     Identity of participant not to be disclosed in legal proceedings
   27.     Documentation restrictions
   28.     Special commercial arrangements by Commissioner of Police
   29.     Dealing with rights and obligations of participant
   30.     Avoidance of obligations by participant
   31.     Payments under witness protection program

   PART 3A - PROCEEDINGS INVOLVING PERSONS WITH NEW IDENTITY

   31A.    Definitions
   31B.    Requirement if person given new identity becomes a witness in relevant proceeding
   31C.    What non-disclosure certificate must state
   31D.    Effect of non-disclosure certificate
   31E.    Court may grant leave to disclose relevant information

   PART 3B - GIVING EVIDENCE BY AUDIO VISUAL LINK

   31F.    Definitions
   31G.    Protected witness to give evidence by audio visual link
   31H.    Proceedings may be moved to allow use of audio visual link
   31I.    Use of audio visual link
   31J.    Application of Evidence (Audio and Audio Visual Links) Act 1998

   PART 4 - MISCELLANEOUS

   32.     Offence--disclosures concerning participants
   33.     Offence--disclosure by participants and others
   34.     Certain persons not to be required to disclose information
   35.     Restriction on issue of New South Wales identity documents
   36.     Arrangements with approved authorities
   37.     Authorisation of approved authorities
   38.     Provision of information to approved authorities
   39.     Delegation
   40.     Immunity from legal proceedings for exercise of functions under Act
   41.     Proceedings for offences
   42.     Regulations
   43.     Exclusion of provisions of Births, Deaths and Marriages Registration Act 1995
   44.     Relationship with other witness protection arrangements
   45.     Special provisions for former participants in NSW Police Witness Protection Plan
   46.     Savings, transitional and other provisions
   47.     Review of Act
           SCHEDULE 1