Witness Protection Act 1991 (Vic)

Version No. 052

Witness Protection Act 1991

No. 15 of 1991

Version incorporating amendments as at

2 February 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3AAAObjective of witness protection

3AAWitness protection principles

Part 2—Witness protection and assistance

Division 1—Victorian witness protection program

3AVictorian witness protection program

3BInclusion in the Victorian witness protection program

3CSpecial commercial arrangements by Chief Commissioner

4Witness to disclose certain matters before being included in program

5Memorandum of understanding—Victorian witness protection program

6Application for court order

7Power of Supreme Court to make order

8Effect of authorizing court order

9Effect of entries made under this Act

9ADealing with rights and obligations of participants

9BRequirement on participant involved in civil proceedings

Division 2—Interim witness protection

9CInterim protection

9DDuration of interim protection declaration

9ECessation of interim protection declaration

Division 3—Temporary assumed identities and identity documents

9FDefinitions

9GApplication for authority to acquire and use assumed identity

9HAuthority to acquire and use assumed identity

9IDuration of authority

9JVariation or cancellation of authority

9KEvidence of assumed identity

9LProtection from criminal liability—officers of issuing agencies

9MProtection from criminal liability—authorised persons

9NMisuse of assumed identity

Division 3A—Alternative protection arrangements

9OAlternative protection arrangements

9PProvision of alternative protection arrangements

9QWitness to disclose certain matters

9RMemorandum of understanding—alternative protection arrangements

9SOptions for protection and assistance may be considered simultaneously

Division 4—General provisions applying to witness protection and assistance

10Information not to be disclosed

10ADisclosure of information about identity etc. in proceedings

11Offences in relation to documents

12Privilege of matters and things relating to performance of duties in accordance with this Act

12AImmunity from civil action

12BInvestigations of complaints by the IBAC

13Court proceedings under this Act to be closed

14Certain provisions of Births, Deaths and Marriages Registration Act 1996 excluded

15Special provision in case of marriage

15AAReview of protection and assistance provided to witnesses

Division 5—Suspension and termination of witness protection and assistance

15ASuspension of protection and assistance

16Termination of protection and assistance

17Involuntary termination—notice and review

18When does involuntary termination take effect?

19Restoration of former identity

20When does a decision to restore a person's former identity take effect?

20AChildren of participant or recognised participant who have no former identity

Part 2A—Public accountability, monitoring and reporting

Division 1—Record keeping

20BRecord keeping

Division 2—Independent Broad-based Anti‑corruption Commission

20CFunctions of the IBAC

20DIBAC to be given reasonable assistance

20EPowers in relation to monitoring

20FRecommendations

20GReports on monitoring compliance

20HImmunity of the IBAC and IBAC Officers

Division 3—Public Interest Monitor

20IMeaning of relevant decision

20JFunctions of the Public Interest Monitor

20KChief Commissioner to notify the Public Interest Monitor of scheduled decisions

20LFull disclosure to the Public Interest Monitor

20MChief Commissioner to have regard to recommendations and reports of the Public Interest Monitor

20NReturn of documents

20ORecommendations

20PReports on performance of functions under this Act

20QImmunity of the Public Interest Monitor

Division 4—Reporting

20RReport to the Minister

Part 3—Commonwealth and interstate arrangements

21Arrangements with approved authorities

21AApproved authorities can only act under this Act if arrangements with Chief Commissioner are in place

22Authorisation of approved authorities

23Provision of information to approved authorities

Part 4—General

23ADelegation by Chief Commissioner

24Freedom of Information Act 1982

24ADouble jeopardy

25ARegulations

Part 5—Transitional provisions

26Transitional provision

27Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012

28Transitional provision—Witness Protection Amendment Act 2014

29Transitional provision—Witness Protection Amendment Act 2016

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 052

Witness Protection Act 1991

No. 15 of 1991

Version incorporating amendments as at

2 February 2024

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to facilitate the security of persons who are, or have been, witnesses in criminal proceedings in Victoria or elsewhere in Australia.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3Definitions

(1)In this Act—

alternative protection arrangements means protection and assistance provided by the Chief Commissioner under Division 3A of Part 2 under arrangements falling outside the Victorian witness protection program;

approved authority means—

(a)the Commissioner of the Australian Federal Police;

(b)a Commissioner (however designated) of the police force or police service of another State;

(c)the Chief Executive Officer of the Australian Crime Commission;

(d)an authority or body of the Commonwealth or another State that—

(i)is authorised to conduct inquiries or investigations in relation to conduct that constitutes, or is alleged to constitute, criminal conduct, misconduct or corruption; and

(ii)is declared by the Minister, by notice published in the Government Gazette, to be an approved authority for the purposes of this Act;

authorizing court order means a court order authorizing the making of an entry under this Act, other than an order made under section 9(2) or 20A(2);

Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

*                *                *                *                *

complementary witness protection law means a law of the Commonwealth or another State that—

(a)makes provision for the protection of witnesses; and

(b)is declared by the Minister, by notice published in the Government Gazette, to be a complementary witness protection law;

*                *                *                *                *

Deputy Public Interest Monitor means a Deputy Public Interest Monitor appointed under section 7 of the Public Interest Monitor Act 2011;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

interim protection declaration means a declaration under section 9C(1);

member of the family of a witness includes—

(a)a spouse or domestic partner, parent or sibling of the witness; or

(b)a child of the witness or of the witness's spouse or domestic partner;

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

officer of an approved authority means—

(a)in relation to an approved authority within the meaning of paragraph (a) or (b) of the definition of approved authority—a person who is a member of the body of which the approved authority is Commissioner (however designated);

(ab)in relation to an approved authority within the meaning of paragraph (c) of the definition of approved authority—a person who is a member of the staff of the Australian Crime Commission;

(b)in relation to an approved authority within the meaning of paragraph (d) of the definition of approved authority—a person who is a member or an officer of the approved authority;

Ombudsman means the Ombudsman appointed under section 3 of the Ombudsman Act 1973;

participant means a person who is included in the Victorian witness protection program;

Note

In sections 10, 10A and 24, participant has an expanded meaning—see sections 10(8), 10A(4) and 24(2).

police officer has the same meaning as in the Victoria Police Act 2013;

Principal Public Interest Monitor means the Principal Public Interest Monitor appointed under section 6 of the Public Interest Monitor Act 2011;

Public Interest Monitor means—

(a)the Principal Public Interest Monitor; or

(b)a Deputy Public Interest Monitor;

recognised participant means a person who is included in a witness protection program established under a complementary witness protection law, but who is not included in the Victorian witness protection program;

Note

In sections 10 and 24, recognised participant has an expanded meaning—see sections 10(8) and 24(2).

register of births means the register of births in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996;

register of marriages means the register of marriages in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996;

Registrar means the Registrar of Births, Deaths and Marriages;

spouse of a person means a person to whom the person is married;

State includes Territory;

sworn IBAC Officer

has the same meaning

as in the Independent Broad-based Anti‑corruption Commission Act 2011;

Victorian witness protection program means the program established and maintained by the Chief Commissioner under section 3A;

witness means—

(a)a person who has given, or agreed to give, evidence on behalf of the Crown in—

(i)proceedings for an offence; or

(ii)hearings or proceedings before an authority that is declared by the Minister, by notice published in the Government Gazette, to be an authority to which this paragraph applies; or

(b)a person who has given, or agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission or possible commission of an offence against a law of Victoria, the Commonwealth or another State; or

(c)a person who has made a statement to the Chief Commissioner, another police officer, a member of the police force or service of the Commonwealth or another State or Territory, or an approved authority in relation to an offence against a law of Victoria, the Commonwealth or another State; or

(d)a person who, for any other reason, may require protection or other assistance under this Act.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

3AAA   Objective of witness protection

The central objective of witness protection is to give practical effect to the rule of law and advance the public interest in the efficacy and integrity of the criminal justice system by, as far as reasonably possible, protecting those exposed to a risk of injury or death by reason of their participation in, or cooperation with, the criminal justice system.

3AAWitness protection principles

(1)Subject to subsection (3), the following persons must have regard to the principles set out in subsection (2) when making any decision or taking any action under this Act—

(a)the Chief Commissioner;

(b)a person to whom a duty, function or power of the Chief Commissioner under this Act has been delegated;

(c)a police officer;

(d)an approved authority or an officer of an approved authority.

Note

The principles set out in this section are to be read in conjunction with the central objective stated in section 3AAA.

(2)For the purposes of subsection (1), the following principles apply—

(a)witness protection and assistance is intended to remove or reduce barriers to cooperation in criminal investigations and prosecutions and should not be provided as a reward or inducement;

(b)as far as practicable, there should be a clear separation of the investigative and the protective functions of Victoria Police;

(c)the decision to protect a witness should be determined primarily by reference to the risk incurred by the person as a consequence of the person's participation in, or cooperation with, the criminal justice system;

(d)protection and assistance provided to a witness under this Act should be tailored to the individual circumstances and risk faced by the witness and the community;

(e)the safety of the witness should take priority over the successful conduct of a prosecution;

(f)the interests of children involved in, or affected by, the provision of witness protection and assistance should be separately considered and their welfare should be a powerful factor in decision making;

(g)there should be public accountability for the operation of the witness protection and assistance provided under this Act, subject to the need to safeguard—

(i)the health and safety of any person; and

(ii)the effective conduct of any investigation or intelligence-gathering in relation to criminal activity; and

(iii)the overall integrity of the Victorian witness protection program and the provision of alternative protection arrangements under this Act.

(3)The principles set out in subsection (2) do not apply to the exercise of a statutory duty under this Act where there is no discretion involved in the performance of that duty.

(4)The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action.

PART 2—WITNESS PROTECTION AND ASSISTANCE

Division 1—Victorian witness protection program

3AVictorian witness protection program

(1)The Chief Commissioner, through the establishment and maintenance of a Victorian witness protection program, may take such action as he or she thinks necessary and reasonable to protect the safety and welfare of a witness or a member of the family of a witness.

(2)That action may include—

(a)applying for any document necessary—

(i)to allow the witness or family member to establish a new identity; or

(ii)otherwise to protect the witness or family member;

(b)relocating the witness or family member;

(c)providing accommodation for the witness or family member;

(d)providing transport for the property of the witness or family member;

(e)doing any other things that the Chief Commissioner considers necessary to ensure the safety of the witness or family member.

(3)The Chief Commissioner must not obtain documentation for a witness or family member that represents that the witness or family member—

(a)has a qualification that he or she does not have; or

(b)is entitled to a benefit that he or she is not entitled to.

3BInclusion in the Victorian witness protection program

(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.

(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

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.

(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.

(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.

3CSpecial commercial arrangements by Chief Commissioner

The Chief Commissioner may make commercial arrangements with a person under which a witness or a member of the family of a witness is able to obtain a benefit under a contract or arrangement without revealing his or her former identity.

4Witness to disclose certain matters before being included in program

(1)A witness who wishes to be included in the Victorian witness protection program must provide the Chief Commissioner with all information necessary for the Chief Commissioner to decide whether the witness should be included.

(2)Without limiting subsection (1), a witness must—

(a)disclose to the Chief Commissioner details of all outstanding legal obligations of the witness; and

(b)disclose to the Chief Commissioner details of any outstanding debts of the witness, including amounts outstanding for any tax under a law of the Commonwealth or of a State or Territory; and

(c)disclose to the Chief Commissioner details of the witness's criminal history; and

(d)disclose to the Chief Commissioner details of any civil proceedings that have been instituted by or against the witness; and

(e)disclose to the Chief Commissioner details of any bankruptcy proceedings that have been instituted against the witness; and

(f)inform the Chief Commissioner whether the witness is an insolvent under administration; and

(g)inform the Chief Commissioner whether there are any restrictions on the witness's holding positions in companies, whether public or private; and

(h)disclose to the Chief Commissioner details of the witness's immigration status; and

(i)disclose to the Chief Commissioner details of financial liabilities and assets (whether real or personal) of the witness in relation to which—

(i)a record is kept under a law of the Commonwealth or of a State or Territory; or

(ii)the witness has entered into a contractual arrangement; and

(j)disclose to the Chief Commissioner details of any cash held by the witness, whether in accounts or otherwise; and

(k)disclose to the Chief Commissioner details of any reparation order that is in force against the witness; and

(l)inform the Chief Commissioner whether any of the witness's property (whether real or personal) is liable to forfeiture or confiscation or is subject to restraint under a law of the Commonwealth or of a State or Territory; and

(m)inform the Chief Commissioner of the witness's general medical condition; and

(n)disclose to the Chief Commissioner details of any relevant court orders or arrangements relating to custody of, or access to, children; and

(o)disclose to the Chief Commissioner details of any business dealings in which the witness is involved; and

(p)disclose to the Chief Commissioner details of court orders relating to sentences imposed on the witness to which the witness is subject in relation to criminal prosecutions; and

(q)disclose to the Chief Commissioner details of any parole or licence to which the witness is subject; and

(r)give the Chief Commissioner copies of any documents relating to any such orders, parole or licence; and

(s)disclose to the Chief Commissioner details of any arrangements that the witness has made for—

(i)the service of documents on the witness; and

(ii)representation in proceedings in court; and

(iii)enforcement of judgments in the witness's favour; and

(iv)compliance with the enforcement of judgments against the witness.

(3)If required to do so by the Chief Commissioner, a witness must give the Chief Commissioner a copy of any document in the witness's possession or control relating to a matter referred to in subsection (2).

(4)The Chief Commissioner may—

(a)require a witness to undergo—

(i)medical tests or examinations; or

(ii)psychological or psychiatric examinations—

and to make the results available to the Chief Commissioner; or

(b)make any other inquiries and investigations that the Chief Commissioner considers necessary—

for the purposes of assessing whether the witness should be included in the Victorian witness protection program.

5Memorandum of understanding—Victorian witness protection program

*                *                *                *                *

(1A)For the purposes of section 3B(2)(c), a memorandum of understanding between the Chief Commissioner and a witness must—

(a)set out the basis on which the witness is included in the Victorian witness protection program and details of the protection and assistance that are to be provided; and

(b)contain a provision to the effect that protection and assistance under the program may be terminated if the witness breaches a term of the memorandum of understanding.

(2)A memorandum of understanding may contain provisions relating to—

(a)any outstanding legal obligations of the witness and how they are to be dealt with; and

(b)any legal obligations that the witness may or may not enter into; and

(c)the surrender and issue of passports; and

(d)the issue of any documents relating to the new identity of the witness; and

(e)the prohibition of the witness from engaging in specified activities; and

(f)marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships; and

(fa)obligations on the witness to disclose, when lawfully required to do so, the witness's criminal history in respect of his or her original identity or in respect of any identity acquired under this Act in relation to which an entry has been made under section 8; and

(g)any other obligations of the witness; and

*                *                *                *                *

(i)if a new identity is to be extended to any members of the family of the witness, provisions relating to paragraphs (a) to (g) in relation to each member of the family to the extent that such provisions are necessary; and

(j)any other matter for which it may be necessary or convenient to make provision.

(3)A memorandum of understanding must contain a statement advising the witness of his or her right to complain to the IBAC about the conduct of the Chief Commissioner or another police officer in relation to the matters dealt with in the memorandum.

(4)A memorandum of understanding must be signed—

(a)by the witness; or

(b)if the witness is under the age of 18, by a parent or guardian of the witness; or

(c)if the witness otherwise lacks legal capacity to sign, by a guardian or other legal personal representative of the witness.

(5)If—

(a)a parent or guardian of a witness has signed a memorandum of understanding because the witness was under the age of 18; and

(b)the memorandum is still operating after the witness turns 18—

the Chief Commissioner may require the witness to sign the memorandum.

6Application for court order

(1)The Chief Commissioner may apply to the Supreme Court for a court order authorizing a nominated police officer or police officers to make a new entry in the register of births or register of marriages in respect of a participant or a participant and specified members of the family of the participant.

(1A)An approved authority may apply to the Supreme Court for a court order authorizing a nominated officer or officers of the approved authority to make a new entry in the register of births or register of marriages in respect of a recognised participant or a recognised participant and specified members of the family of the recognised participant.

(2)The Chief Commissioner or an approved authority must provide such evidence as the Supreme Court may require so as to satisfy itself as to the matters specified in section 7.

7Power of Supreme Court to make order

The Supreme Court may make an authorizing court order if it is satisfied that—

(a)the person named in the application as a witness is a participant or a recognised participant; and

(b)the life or safety of the person or of a member of his or her family may be endangered as a result of the person being a witness; and

*                *                *                *                *

(d)the person is likely to comply with the memorandum of understanding that the person has entered into under section 3B(2)(c) or under the provisions of a complementary witness protection law.

8Effect of authorizing court order

(1)On the making of an authorizing court order—

(a)the police officer or police officers or officer or officers of an approved authority nominated in the authorizing court order may make any entries in the register of births or register of marriages that are necessary to give effect to the order; and

(b)the Registrar is required to give the police officer or police officers or officer or officers of an approved authority nominated in the authorizing court order access to the register of births or register of marriages and to give such assistance as they may require; and

(c)the Chief Commissioner must maintain records showing details of the original birth entry or original marriage entry of each person in respect of whom an entry is made under paragraph (a) by a police officer or police officers.

(2)Section 53 of the Births, Deaths and Marriages Registration Act 1996 does not apply in respect of any statement or entry made for the purposes of this Act.

9Effect of entries made under this Act

(1)An entry made in the register of births or register of marriages under this Act has effect as if it were a valid entry made under the Births, Deaths and Marriages Registration Act 1996.

(2)An entry made in the register of births or register of marriages under this Act can be cancelled only if—

(a)in the case of a witness who was a participant—the Supreme Court makes a court order on the application of the Chief Commissioner directing that the entry be cancelled;

(b)in the case of a witness who was a recognised participant—the Supreme Court makes a court order on the application of an approved authority directing that the entry be cancelled.

(3)The Supreme Court may make an order under subsection (2) only if it is satisfied that the witness is no longer a participant or a recognised participant, as the case requires.

(4)An order under subsection (2) must nominate a police officer or police officers or an officer or officers of the approved authority to cancel the entry.

(5)The Registrar is required to give the police officer or police officers or officer or officers of the approved authority nominated in the order access to the register of births or register of marriages and to give any assistance that they may require to give effect to the order.

9ADealing with rights and obligations of participants

(1)If a participant has any outstanding rights or obligations or is subject to any restrictions, the Chief Commissioner must take any action that is reasonably practicable to ensure that—

(a)those rights or obligations are dealt with according to law; and

(b)the person complies with those restrictions.

(2)That action may include—

(a)providing protection for the participant while the participant is attending court; and

(b)notifying a party or possible party to legal proceedings that the Chief Commissioner will accept process issued by a court or tribunal on behalf of the participant, and nominating a police officer for that purpose.

(3)The Chief Commissioner must give written notice to a participant who has been provided with a new identity under the Victorian witness protection program if the Chief Commissioner is satisfied that the participant is using the new identity to—

(a)avoid obligations that were incurred before the new identity was established; or

(b)avoid complying with restrictions that were imposed on the person before the new identity was established.

(4)The notice must state—

(a)that the Chief Commissioner is satisfied of the matter specified in subsection (3)(a) or (b) (as the case requires); and

(b)that, unless the participant satisfies the Chief Commissioner that the obligations will be dealt with according to law or the restrictions will be complied with, the Chief Commissioner will take any action he or she considers reasonably necessary to ensure that they are dealt with according to law or complied with.

(5)That action may include informing a person who is seeking to enforce rights against the participant of the details of any property (whether real or personal) owned by the participant under his or her original identity or a former identity acquired under this Act.

9BRequirement on participant involved in civil proceedings

(1)If a participant is to be involved, under the participant's current identity acquired under this Act, in a civil proceeding in which his or her identity is in issue, the participant must notify the Chief Commissioner of the participant's involvement in the proceeding.

(2)After being notified under subsection (1), the Chief Commissioner may take any action he or she considers appropriate in the circumstances.

(3)In this section—

civil proceeding means any proceeding in a court, a tribunal, a Royal Commission or a Board of Inquiry (or in an equivalent body of the Commonwealth or of another State or of a Territory), other than a criminal proceeding, and, to avoid doubt, each of the following is part of a civil proceeding—

(a)a proceeding on an ex parte application (including an application made before pleadings are filed in a court);

(b)the discover, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;

(c)an appeal proceeding;

(d)an interlocutory or other proceeding prescribed by the regulations for the purposes of this paragraph.

Division 2—Interim witness protection

9CInterim protection

(1)The Chief Commissioner, by written notice to a witness, may declare that the witness is to be given interim protection under this Act if the Chief Commissioner—

(a)is considering whether to include the witness in the Victorian witness protection program or to provide alternative protection arrangements to the witness; and

(b)believes that the witness or a member of the family of the witness is in urgent need of protection.

(2)The Chief Commissioner may make an interim protection declaration only with the prior written consent of—

(a)the witness to whom the declaration relates; or

(b)if the witness is under the age of 18 years, a parent or guardian of the witness.

(3)While an interim protection declaration is in force, the Chief Commissioner may take any action he or she thinks necessary and reasonable to protect the safety and welfare of a witness to whom an interim protection declaration relates or a member of the family of the witness, including any action referred to in section 3A(2), other than applying for a court order authorizing the making of a new entry in the register of births or register of marriages in respect of the witness or family member.

9DDuration of interim protection declaration

(1)Subject to section 9E, an interim protection declaration takes effect on the day that it is made and remains in force for the period specified in it, which must not exceed 3 months.

(2)The Chief Commissioner may extend an interim protection declaration for a further period not exceeding 3 months by giving written notice to the person to whom the declaration relates before the declaration ceases to be in force.

(3)An interim protection declaration may be extended only once under this section.

9ECessation of interim protection declaration

(1)An interim protection declaration that is in force in accordance with section 9D ceases to be in force if the Chief Commissioner—

(a)enters into a memorandum of understanding with the witness in accordance with section 5 or 9R; or

(b)notifies the witness of the Chief Commissioner's decision not to provide alternative protection arrangements to the witness; or

(c)receives a request in writing from the witness that the interim protection cease.

(2)The Chief Commissioner must notify a witness to whom an interim protection declaration relates of—

(a)the Chief Commissioner's decision not to include the witness in the Victorian witness protection program; or

(b)the Chief Commissioner's decision not to provide alternative protection arrangements to the witness.

Division 3—Temporary assumed identities and identity documents

9FDefinitions

In this Division—

authorised person means a person who is authorised by an authority to acquire and use an assumed identity;

authority means an authority granted under section 9H to acquire and use an assumed identity;

chief officer of an issuing agency means the chief executive officer (however described) of the agency;

evidence means evidence similar to that ordinarily produced or given by the government issuing agency;

government issuing agency, in relation to an authority, means any of the following named in the authority that issues evidence of identity—

(a)a person or body (whether incorporated or not) that performs any function of the Victorian government; or

(b)a person or body (whether incorporated or not) prescribed by the regulations for the purposes of this definition;

issuing agency means—

(a)a government issuing agency; or

(b)a non-government issuing agency;

non-government issuing agency, in relation to an authority, means a person, body or entity (other than a government issuing agency) named in the authority that issues evidence of identity;

supervisor of an authorised person means the person who is appointed under section 9H(3) to supervise the acquisition and use of an assumed identity by the person.

9GApplication for authority to acquire and use assumed identity

(1)A police officer may apply to the Chief Commissioner for an authority for a person to acquire and use an assumed identity if the person is—

(a)a person to whom an interim protection declaration relates; or

(b)a participant; or

(c)a person to whom alternative protection arrangements are being provided.

(2)An application—

(a)must be in writing; and

(b)must contain—

(i)the name of the applicant; and

(ii)the name of the person to be authorised to acquire or use an assumed identity; and

(iii)the name and rank of the person proposed to be appointed as supervisor; and

(iv)details of the proposed assumed identity; and

(v)reasons for the need to acquire or use an assumed identity; and

(vi)details of the protection and assistance to be provided to the person in respect of whom the application is made.

(3)The Chief Commissioner may require the applicant to provide any additional information concerning the application that is necessary for the proper consideration of the application.

9HAuthority to acquire and use assumed identity

(1)After considering an application for an authority to acquire or use an assumed identity, and any additional information under section 9G(3), the Chief Commissioner—

(a)may grant an authority to acquire and use the assumed identity, either unconditionally or subject to conditions; or

(b)may refuse the application.

(2)The Chief Commissioner may grant an authority to acquire and use an assumed identity only if he or she is satisfied that the assumed identity is needed urgently to protect the safety or welfare of the person in respect of whom the application is made.

(3)If an authority is granted, the Chief Commissioner must appoint a police officer of or above the rank of sergeant to supervise the acquisition and use of the assumed identity.

(4)An authority—

(a)must be in writing; and

(b)must be signed by the person granting it; and

Note

The authority may be granted by the Chief Commissioner or a delegate of the Chief Commissioner—see section 23A.

(c)must state—

(i)the name of the person granting the authority; and

(ii)the date of the authority; and

(iii)the name of the person authorised to acquire and use an assumed identity; and

(iv)the name and rank of the person's supervisor; and

(v)details of the assumed identity authorised; and

(vi)details of any evidence of the assumed identity that may be acquired under the authority; and

(vii)the conditions (if any) to which the authority is subject; and

(viii)the period for which the authority will remain in force, which must not exceed 3 months.

(5)An authorised person may acquire or use (or both) an assumed identity if the acquisition or use (or both) is in accordance with—

(a)an authority; and

(b)any direction given by the person's supervisor.

9IDuration of authority

(1)Subject to section 9J, an authority takes effect on the day that it is made and remains in force for the period specified in it.

(2)The Chief Commissioner may extend an authority for a further period not exceeding 3 months by giving written notice to the authorised person and his or her supervisor before the authority ceases to be in force.

(3)An authority may be extended only once under this section.

9JVariation or cancellation of authority

(1)The Chief Commissioner—

(a)may vary or cancel an authority at any time; and

(b)must cancel an authority if the Chief Commissioner is satisfied that use of the assumed identity is no longer necessary.

(2)The Chief Commissioner must give written notice of the variation or cancellation to—

(a)the authorised person; and

(b)the authorised person's supervisor.

(3)The variation or cancellation takes effect—

(a)on the day the written notice is given to the authorised person; or

(b)if a later date of effect is stated in the notice—on the day stated.

9KEvidence of assumed identity

(1)This section applies if an authority authorises a request under this section.

(2)The Chief Commissioner may request the chief officer of an issuing agency stated in the authority to—

(a)produce evidence of an assumed identity in accordance with the authority; and

(b)give evidence of the assumed identity to the supervisor named in the authority.

(3)The request must state a reasonable period for compliance with the request.

(4)A request cannot be made under this section for an entry or evidence of an entry in the register of births or register of marriages.

(5)The chief officer of a government issuing agency who receives a request under this section must comply with the request within the reasonable period stated in the request.

(6)The chief officer of a non-government issuing agency who receives a request under this section may comply with the request.

9LProtection from criminal liability—officers of issuing agencies

The chief officer, or an officer, of an issuing agency (whether government or non-government) who does something that, apart from this section, would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under section 9K.

9MProtection from criminal liability—authorised persons

If an authorised person does something (whether in Victoria or elsewhere) that, apart from this section, would be an offence, the person is not criminally responsible for the offence if—

(a)the thing is done in the course of acquiring or using an assumed identity in accordance with an authority; and

(b)the thing is done in accordance with any direction by his or her supervisor under the authority; and

(c)doing the thing would not be an offence if the assumed identity were the person's real identity.

9NMisuse of assumed identity

An authorised person must not intentionally, knowingly or recklessly acquire evidence of, or use, an assumed identity covered by his or her authority if he or she knows that, or is reckless as to whether, the acquisition or use is not in accordance with—

(a)his or her authority; or

(b)the directions of his or her supervisor under the authority.

Penalty:Imprisonment for 2 years.

Division 3A—Alternative protection arrangements

9OAlternative protection arrangements

(1)The Chief Commissioner may provide protection and assistance outside of the Victorian witness protection program (alternative protection arrangements) to protect the safety and welfare of a witness, or a member of the family of a witness—

(a)who has been considered under section 3B for inclusion in the Victorian witness protection program but has not been included; and

(b)whom the Chief Commissioner considers is at a high level of risk because of the witness's participation in, or cooperation with, the criminal justice system.

(2)Action that may be taken under alternative protection arrangements may include any action that may be taken under section 3A(2).

(3)Alternative protection arrangements must not include the application for a court order under this Act authorizing the making of a new entry in the register of births or register of marriages in respect of the witness or a member of the family of the witness.

9PProvision of alternative protection arrangements

(1)The Chief Commissioner may decide to provide alternative protection arrangements to a witness if—

(a)the witness agrees to the alternative protection arrangements; and

(b)the Chief Commissioner enters into a memorandum of understanding with the witness in accordance with section 9R.

(2)In deciding whether to provide alternative protection arrangements to a witness, the Chief Commissioner—

(a)must have regard to the matters referred to in section 3B(3)(a) to (g); and

(b)may have regard to any other matters that the Commissioner considers relevant.

Note

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

(3)If a witness has been offered alternative protection arrangements but has refused to sign a memorandum of understanding under section 9R to give effect to those arrangements, the Chief Commissioner must document the offer, the refusal of the offer and the terms of the memorandum of understanding.

9QWitness to disclose certain matters

(1)A witness who wishes to be provided with alternative protection arrangements must give to the Chief Commissioner—

(a)any information required by the Chief Commissioner to decide whether alternative protection arrangements should be provided to the witness; and

Example

Any information referred to in section 4(2) that has not already been provided to the Chief Commissioner.

(b)copies of any documents in the possession or control of the witness relating to that information.

(2)For the purposes of assessing whether alternative protection arrangements should be provided to a witness, the Chief Commissioner may—

(a)require the witness to undergo medical tests or examinations or psychological or psychiatric examinations and to make the results available to the Chief Commissioner; or

(b)make any other inquiries and investigations that the Chief Commissioner considers necessary.

9RMemorandum of understanding—alternative protection arrangements

(1)For the purposes of section 9P(1)(b), a memorandum of understanding between the Chief Commissioner and a witness must—

(a)set out the basis on which the alternative protection arrangements are to be provided to the witness and the details of the protection and assistance that are to be provided; and

(b)contain a provision to the effect that protection and assistance under the arrangements may be terminated if the witness breaches a term of the memorandum.

(2)A memorandum of understanding may contain provisions relating to any matter for which it may be necessary or convenient to make provision.

(3)Section 5(3), (4) and (5) apply to a memorandum of understanding entered into under this section.

9SOptions for protection and assistance may be considered simultaneously

Nothing in this Act prevents the Chief Commissioner from considering simultaneously whether to include a witness in the Victorian witness protection program and whether to provide alternative protection arrangements to the witness.

Division 4—General provisions applying to witness protection and assistance

10Information not to be disclosed

(1)A person must not, either directly or indirectly, make a record of, disclose, or communicate to another person any information relating to the making of an entry in the register of births or the register of marriages under this Act or any information relating to the acquisition of an assumed identity under Division 3, unless it is necessary to do so—

(a)for the purposes of this Act; or

(b)for the purposes of an investigation by the IBAC; or

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(c)to comply with an order of the Supreme Court; or

(d)for the purpose of enabling the IBAC to perform its functions under this Act; or

(e)for the purpose of enabling the Public Interest Monitor to perform the functions of the Public Interest Monitor under this Act.

Penalty:Level 5 Imprisonment (Maximum 10 years)

(2)Despite subsection (1), the Chief Commissioner, a police officer, an approved authority or an officer of an approved authority may disclose the former identity of a witness or a member of the family of a witness for the purpose of obtaining documents relating to the new identity of the witness or family member.

(3)Subject to subsection (4), a person who is or has been a witness or a member of the family of a witness must not, either directly or indirectly, disclose or communicate to another person, in Victoria or elsewhere—

(a)the fact that he or she or a member of his or her family has entered a memorandum of understanding under section 5; or

(b)details of the memorandum of understanding under section 5; or

(ba)the fact that an interim protection declaration has been made in relation to him or her or a member of his or her family; or

(bb)details of the interim protection declaration; or

(bc)the fact that an authority has been granted under Division 3 in relation to him or her or a member of his or her family; or

(bd)details of the authority; or

(be)the fact that the witness or a member of the family of the witness has entered into a memorandum of understanding under section 9R; or

(bf)details of the memorandum of understanding under section 9R; or

(c)information relating to anything done by the Chief Commissioner or another police officer or an approved authority or an officer of an approved authority under this Act; or

(d)information about any police officer or an approved authority or an officer of an approved authority gained by the person

as a result of anything done under this Act.

Penalty:Level 6 Imprisonment (Maximum 5 years).

(4)Subsection (3) does not apply to a disclosure or communication—

(a)that has been authorised by the Chief Commissioner or an approved authority; or

(b)that is necessary for the purposes of an investigation by the IBAC; or

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(c)that is necessary to comply with an order of the Supreme Court.

(5)A person must not, without lawful authority, disclose information in Victoria or elsewhere—

(a)about the identity or location of a person who is or has been a participant; or

(b)that compromises the security of such a person.

Penalty:Level 5 Imprisonment (Maximum 10 years).

(5A)A person must not, without lawful authority or reasonable excuse, disclose information in Victoria or elsewhere—

(a)about the identity or location of a person to whom alternative protection arrangements are being or have been provided; or

(b)that compromises the security of such a person.

Penalty:Level 5 imprisonment (maximum 10 years).

(6)A person must not, without lawful authority, disclose information in Victoria—

(a)about the identity or location of a person who is or has been a recognised participant; or

(b)that compromises the security of such a person.

Penalty:Level 5 Imprisonment (Maximum 10 years).

(7)Subsections (5), (5A) and (6) do not apply to—

(a)a disclosure that is authorised or required by an order of the Supreme Court; or

(b)a disclosure that is made by the Chief Commissioner or a Deputy Commissioner in the lawful performance or exercise of a duty, function or power under this Act or a complementary witness protection law.

(8)In this section—

identity includes any individual characteristics by which a person is recognised, such as their name, nick-name, depiction or physical description, a physical feature or biometric identifier, their personal association with another person or anything that may reasonably lead to their identification;

participant includes a person in relation to whom an interim protection declaration has been made;

recognised participant includes a person in relation to whom a declaration or order that corresponds to an interim protection declaration has been made under a complementary witness protection law or who has otherwise received interim or temporary protection under a complementary witness protection law.

10ADisclosure of information about identity etc. in proceedings

(1)This section applies if one or more of the following matters is in issue, or may be disclosed, in any proceeding before a court, a tribunal, a Royal Commission or a Board of Inquiry—

(a)the original identity, or a former identity acquired under this Act, of a participant; or

(b)the fact that a person is a participant; or

(c)the fact that a person has undergone or is undergoing assessment for inclusion in the Victorian witness protection program; or

(d)the original name of a person to whom alternative protection arrangements are being provided; or

(e)the fact that a person is being provided with alternative protection arrangements; or

(f)the fact that a person has undergone or is undergoing assessment for the provision of alternative protection arrangements.

(2)The court, tribunal, Royal Commission or Board of Inquiry must, unless it considers that it is not in the interests of justice to do so—

(a)hold the part of the proceeding that relates to the matter or matters referred to in subsection (1) in private; and

(b)make an order prohibiting or restricting the publication of evidence given before it that, in its opinion, will ensure that the matter or matters referred to in subsection (1) is not disclosed; and

(c)make any other orders that it considers appropriate to ensure that neither of the following is made public—

(i)the matter or matters referred to in subsection (1);

(ii)information that may compromise the security of a person referred to in that subsection.

(3)To avoid doubt, subsection (2)(b) does not prevent the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.

(4)In this section—

participant includes a person in relation to whom an interim protection declaration has been made.

11Offences in relation to documents

(1)Whilst an entry made in the register of births or register of marriages under this Act continues in force, a person in respect of whom the entry is made must not use or obtain any document issued by the Registrar which is based on the previous entry.

Penalty:10 penalty units.

(2)If an entry made in the register of births or register of marriages under this Act is cancelled, the Registrar, at the direction of the Chief Commissioner, must notify in writing the person in respect of whom the entry was made that the entry has been cancelled.

(3)A person who has been notified under subsection (2) must within 14 days of being notified return to the Chief Commissioner any document issued by the Registrar which is based on that entry and which is in the person's possession.

Penalty:10 penalty units.

12Privilege of matters and things relating to performance of duties in accordance with this Act

(1)This section applies to any person who is or has been—

(a)the Registrar; or

(b)a person employed or appointed under section 40 of the Registration of Births Deaths and Marriages Act 1959; or

(ba)a person appointed or employed under section 7 of the Births, Deaths and Marriages Registration Act 1996; or

(c)the Chief Commissioner; or

(d)a police officer; or

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(ea)the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or

(eb)the Special Investigator within the meaning of the Special Investigator Act 2021 as in force immediately before its repeal; or

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(g)an officer of an approved authority.

(2)Unless the Supreme Court makes a court order which provides to the contrary, or the proceedings relate to an offence under this Act, a person to whom this section applies cannot be required in any proceedings in any court or tribunal to produce any document or to divulge or communicate any matter or thing relating to the performance of his or her duties in accordance with this Act.

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12AImmunity from civil action

(1)No civil action lies against any person who is or has been the Chief Commissioner or a delegate of the Chief Commissioner in respect of—

(a)a key witness protection decision taken by the person in their capacity as the Chief Commissioner or a delegate of the Chief Commissioner; or

(b)any act, matter or thing done by the person in their capacity as the Chief Commissioner or a delegate of the Chief Commissioner in the process of making a key witness protection decision.

(2)For the purposes of subsection (1), a key witness protection decision means—

(a)a decision whether or not to include a witness in the Victorian witness protection program under section 3B; or

(b)a decision whether or not to provide alternative protection arrangements to a witness under section 9P; or

(c)a decision relating to the giving of interim protection to a person under Division 2 or authorising the person to acquire and use an assumed identity under Division 3; or

(d)a decision relating to the suspension or termination of witness protection and assistance under Division 5, including—

(i)the restoration of a person's former identity; and

(ii)applying for an order under section 20A(2) in relation to children of participants, or former participants, who have no former identity.

(3)No civil action lies against any of the following persons in respect of any act, matter or thing done by that person in the course of the person's duties carried out in accordance with this Act—

(a)the Registrar;

(b)a person employed or appointed under section 40 of the Registration of Births Deaths and Marriages Act 1959;

(c)a person appointed or employed under section 7 of the Births, Deaths and Marriages Registration Act 1996.

Note

See also Division 8 of Part 4 of the Victoria Police Act 2013 which provides immunity for police officers in certain circumstances in relation to acts done or omitted to be done

in the course of the police officer's duty.

12BInvestigations of complaints by the IBAC

Nothing in section 12 or 12A prevents the IBAC from investigating a complaint in relation to the conduct of the Chief Commissioner or another police officer in relation to this Act.

13Court proceedings under this Act to be closed

An application to the Supreme Court for an order under section 7, 9, 10 or 20A must be heard in closed court.

14Certain provisions of Births, Deaths and Marriages Registration Act 1996 excluded

Part 4 and section 43(3) of the Births, Deaths and Marriages Registration Act 1996 do not apply to or in respect of any entry made in the register of births or register or marriages, or to any proceedings taken, under this Act.

15Special provision in case of marriage

If—

(a)a participant or recognised participant who has been provided with a new identity under the Victorian witness protection program wishes to marry; and

(b)the participant or recognised participant has given to the Chief Commissioner or an approved authority evidence that satisfies the Chief Commissioner or approved authority—

(i)that the participant or recognised participant is of marriageable age; and

(ii)of the identity of the participant or recognised participant; and

(c)in the case of a participant or recognised participant who has been married previously—the participant or recognised participant has given to the Chief Commissioner or approved authority evidence that satisfies the Chief Commissioner or approved authority that the previous spouse has died or that the marriage has been dissolved or annulled; and

(d)the participant or recognised participant has given to the Chief Commissioner or approved authority a statutory declaration to the effect that there is no legal impediment to the marriage and the Chief Commissioner or approved authority is not aware of any legal impediment to the marriage—

the Chief Commissioner or approved authority may give a certificate to a Registrar stating that the Chief Commissioner or approved authority has received the evidence referred to in paragraphs (b) and (c) and the statutory declaration referred to in paragraph (d).

15AA   Review of protection and assistance provided to witnesses

At least once every two years, the Chief Commissioner must review the protection and assistance provided to a witness and any member of the family of the witness under—

(a)the Victorian witness protection program; or

(b)alternative protection arrangements.

Division 5—Suspension and termination of witness protection and assistance

15ASuspension of protection and assistance

(1)The Chief Commissioner, by giving written notice to a participant, may suspend the provision of protection and assistance to the participant or a member of his or her family under the Victorian witness protection program if the Chief Commissioner is satisfied that the participant has done or intends to do something that limits the ability of the Chief Commissioner to provide adequate protection to the participant or family member.

Examples

The participant may have done something that results in him or her being in custody, or may intend to travel to a place despite a warning from the Chief Commissioner not to go there because of the risk of harm to the participant.

(1A)The Chief Commissioner, by giving written notice to a witness, may suspend the provision of protection and assistance to the witness or a member of the family of the witness under alternative protection arrangements if the Chief Commissioner is satisfied that the witness has done or intends to do something that limits the ability of the Chief Commissioner to provide adequate protection to the witness or family member.

Examples

The witness may have done something that results in the witness being in custody, or may intend to travel to a place despite a warning from the Chief Commissioner not to go there because of the risk of harm to the witness.

(2)Suspension of protection and assistance under subsection (1) or (1A) takes effect when the notice is given to the participant or witness (as the case may be) and has effect for the period specified by the Chief Commissioner in the notice, but may be lifted earlier by the Chief Commissioner.

(3)To avoid doubt—

(a)despite the suspension of protection and assistance under subsection (1), the participant continues to be a participant during the period of suspension; and

(b)despite the suspension of protection and assistance under subsection (1A), the alternative protection arrangements provided to the witness may resume under the terms of the memorandum of understanding that gave effect to those arrangements on the lifting of the suspension.

16Termination of protection and assistance

(1)Protection and assistance provided to a person under the Victorian witness protection program or alternative protection arrangements must be terminated by the Chief Commissioner if the person requests in writing that it be terminated.

(2)Protection and assistance provided to a person under the Victorian witness protection program or alternative protection arrangements may be terminated by the Chief Commissioner if—

(a)any of the grounds for termination specified in subsection (3) exist; and

(b)the Chief Commissioner is of the opinion that, in the circumstances, the protection and assistance should be terminated.

(3)The grounds for termination under subsection (2) are that—

(a)the person commits an offence against the law of Victoria or elsewhere; or

(b)the person deliberately breaches a term

of the memorandum of understanding or a requirement or undertaking relating to the program, including an undertaking to give evidence given to this State, the Commonwealth or another State or a Territory; or

(c)the Chief Commissioner discovers that the person has knowingly given information to him or her that is false or misleading in a material particular; or

(d)in the case of a person who is a participant in the Victoria witness protection program, the person's conduct or threatened conduct is, in the Chief Commissioner's opinion, likely to threaten the security or compromise the integrity of the program; or

(e)the circumstances that gave rise for the need for protection and assistance for the person cease to exist; or

(f)the person refuses or fails to sign the memorandum of understanding when required to do so under section 5(5); or

(g)there is, in the Chief Commissioner's opinion, no reasonable justification for the person to remain in the program.

17Involuntary termination—notice and review

(1)If the Chief Commissioner decides under section 16(2) to terminate protection and assistance to a person he or she must—

(a)take reasonable steps to notify the person of the decision; and

(b)notify the relevant approved authority (if any) of the decision.

(2)Within 28 days after receiving notification under subsection (1)(a), a person may apply in writing to the Chief Commissioner for a review of the decision.

(3)If an application is made under subsection (2), the Chief Commissioner—

(a)must review the decision and give the person a reasonable opportunity to state his or her case; and

(b)after the review, must confirm or reverse the decision; and

(c)after doing so, must inform the person in writing.

(4)If the Chief Commissioner confirms the decision, he or she must inform the person of the reasons for the confirmation.

(5)The Chief Commissioner must complete the review and inform the person under subsection (3)(c) within 14 days after the date of the application.

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18When does involuntary termination take effect?

(1)A decision of the Chief Commissioner under section 16(2) to terminate protection and assistance to a person—

(a)if the person's location is not known and the Chief Commissioner has taken reasonable steps to notify them of the decision but has been unable to do so—takes effect at the end of the period of 28 days after those steps were commenced; or

(b)if the person does not apply for a review of the decision in accordance with section 17(2)—takes effect at the end of the period of 28 days after the person receives the notification; or

(c)if the person applies for a review of the decision in accordance with section 17(2) and the Chief Commissioner notifies them that the decision has been reversed—has no effect; or

(d)if the person applies for a review of the decision in accordance with section 17(2) and the Chief Commissioner notifies them that the decision has been confirmed—takes effect on the expiration of 3 days after the Chief Commissioner notifies the person of the confirmation of the decision.

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19Restoration of former identity

(1)If—

(a)a person has been provided with a new identity under the Victorian witness protection program; and

(b)protection and assistance to the person under the program are terminated—

the Chief Commissioner, if he or she considers it appropriate to do so, may take such action as is necessary to restore the person's former identity.

(2)The Chief Commissioner must take reasonable steps to notify the person of a decision under subsection (1).

(3)If the Chief Commissioner proposes to take action to restore a person's identity, the person may apply in writing to the Chief Commissioner for a review of the decision.

(4)If an application is made under subsection (3), the Chief Commissioner—

(a)must review the decision and give the person a reasonable opportunity to state his or her case; and

(b)after the review, must confirm or reverse the decision; and

(c)after doing so, must inform the person in writing.

(5)If the Chief Commissioner confirms the decision, he or she must inform the person of the reasons for the confirmation.

(6)The Chief Commissioner must complete the review and inform the person under subsection (4)(c) within 14 days after the date of the application.

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(8)If the Chief Commissioner—

(a)takes action under this section to restore a person's former identity; and

(b)notifies the person in writing that they are required to return to the Chief Commissioner all documents provided to them that relate to the new identity provided under the Victorian witness protection program—

the person must not, without reasonable excuse, refuse or fail to return those documents to the Chief Commissioner within 14 days after receiving the notice.

Penalty:10 penalty units.

20When does a decision to restore a person's former identity take effect?

(1)A decision of the Chief Commissioner under section 19 to take action to restore a person's former identity—

(a)if the person's location is not known and the Chief Commissioner has taken reasonable steps to notify them of the decision but has been unable to do so—takes effect at the end of the period of 28 days after those steps were commenced; or

(b)if the person does not apply for a review of the decision in accordance with section 19(3)—takes effect at the end of the period of 28 days after the person receives the notification; or

(c)if the person applies for a review of the decision in accordance with section 19(3) and the Chief Commissioner notifies them that the decision has been reversed—has no effect; or

(d)if the person applies for a review of the decision in accordance with section 19(3) and the Chief Commissioner notifies them that the decision has been confirmed—takes effect on the expiration of 3 days after the Chief Commissioner notifies the person of the confirmation of the decision.

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20AChildren of participant or recognised participant who have no former identity

(1)This section applies if—

(a)a child of a participant or recognised participant is registered in the register of births under an identity of the participant acquired under this Act or of the recognised participant acquired under a complementary witness protection law; and

(b)protection and assistance to the participant under this Act or to the recognised participant under the complementary witness protection law are terminated; and

(c)there is no entry in the register of births in respect of the child under the original identity of the participant or recognised participant.

(2)The Supreme Court, on an application under subsection (3), may make an order—

(a)directing that the entry in respect of the child referred to in subsection (1)(a) be cancelled and nominating a police officer or police officers or an officer or officers of the approved authority to cancel the entry; and

(b)authorizing the nominated police officer or police officers or nominated officer or officers of the approved authority to make a new entry in the register of births in respect of the child under the original identity of the participant or recognised participant.

(3)An application for an order under subsection (2) may be made by—

(a)the Chief Commissioner, in the case of a child of a participant; or

(b)an approved authority, in the case of a child of a recognised participant.

(4)On the making of an order under subsection (2)—

(a)the police officer or police officers or officer or officers of the approved authority nominated in the order—

(i)must cancel the entry referred to in subsection (1)(a); and

(ii)may make the entry authorized by the order under subsection (2)(b); and

(b)the Registrar is required to give the police officer or police officers or officer or officers of the approved authority nominated in the order access to the register of births and to give any assistance that they may require.

(5)This section applies despite anything to the contrary in section 9(2).

PART 2A—PUBLIC ACCOUNTABILITY, MONITORING AND REPORTING

Division 1—Record keeping

20BRecord keeping

(1)The Chief Commissioner must ensure that there are kept in relation to the matters specified in subsection (2) any records that are reasonably required by the IBAC to enable it to carry out its functions under this Act.

(2)For the purposes of subsection (1), the Chief Commissioner must ensure records in relation to the following matters are kept—

(a)decisions and actions taken by the Chief Commissioner, delegates of the Chief Commissioner and other police officers under this Act or any regulations made under this Act;

(b)memoranda of understanding entered into under section 5 or 9R;

(c)court orders made under this Act;

(d)arrangements made with approved authorities.

(3)The Chief Commissioner must consult with the IBAC to determine which records are required by the IBAC to enable it to carry out its functions under this Act.

(4)The Minister may—

(a)consult with the Chief Commissioner and the IBAC to determine which records are required to enable the IBAC to carry out its functions under this Act; and

(b)after that consultation, by written notice, require the Chief Commissioner to ensure that the records specified in the notice are kept for that purpose.

(5)The Minister must give to the IBAC a copy of any notice given to the Chief Commissioner under subsection (4)(b).

Division 2—Independent Broad-based Anti‑corruption Commission

20CFunctions of the IBAC

The IBAC has the following functions under this Act—

(a)to monitor compliance by the Chief Commissioner with the record keeping requirements under this Act;

(b)to make recommendations and to report to the Chief Commissioner on any matter arising out of the IBAC's monitoring function under this Act;

(c)to provide to the Public Interest Monitor any information that the IBAC reasonably considers is relevant to the performance of the functions of the Public Interest Monitor under this Act.

20DIBAC to be given reasonable assistance

The Chief Commissioner must give, and must ensure that any other member of Victoria Police personnel gives, the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform its functions under this Act.

20EPowers in relation to monitoring

(1)For the purposes of monitoring compliance by the Chief Commissioner with the record keeping requirements under this Act, the IBAC Commissioner must ensure that an inspection under this section is carried out by an authorised officer at least once each financial year.

(2)An authorised officer may, after notifying the Chief Commissioner of the intended entry—

(a)enter at any time premises occupied by Victoria Police at which the IBAC Commissioner reasonably believes there are documents relevant to the IBAC's monitoring function under this Act; and

(b)inspect or copy any document found at those premises; and

(c)do anything necessary or convenient to be done to enable an inspection to be carried out under this section.

(3)For the purposes of this section, an authorised officer is—

(a)the IBAC Commissioner; or

(b)a sworn IBAC Officer who is authorised under subsection (4).

(4)The IBAC Commissioner may authorise a sworn IBAC Officer to exercise the powers of an authorised officer under this section.

20FRecommendations

(1)The IBAC may at any time make recommendations to the Chief Commissioner about action that should be taken in relation to a matter arising out of the IBAC's monitoring function.

(2)Within a reasonable time after receiving a recommendation under subsection (1), the Chief Commissioner must—

(a)take the recommended action; or

(b)if the Chief Commissioner has not taken the recommended action or does not intend to take the recommended action—give a report to the IBAC stating the reason for not taking or intending to take the action.

20GReports on monitoring compliance

(1)The IBAC may at any time give the Minister a written report on—

(a)the results of any inspections carried out under section 20E; and

(b)compliance by the Chief Commissioner with the record keeping requirements under this Act; and

(c)any recommendations under section 20F and the action taken by the Chief Commissioner in response to the recommendations.

(2)The IBAC must give the Minister a report under subsection (1)—

(a)at least once each financial year; and

(b)if requested by the Minister to do so—as soon as practicable after receiving the request.

(3)The IBAC must not include in a report under subsection (1) any information that would—

(a)prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the IBAC is aware; or

(b)compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority; or

(c)disclose information about the identity or location, or compromise the security, of a person—

(i)who is or has been included in the Victorian witness protection program; or

(ii)to whom alternative protection arrangements are being or have been provided.

(4)The IBAC must give a copy of any report under subsection (1) to the Chief Commissioner.

20HImmunity of the IBAC and IBAC Officers

(1)The IBAC or a sworn IBAC Officer is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a)in the performance of a duty or a function or the exercise of a power under this Act; or

(b)in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act.

(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to the IBAC or a sworn IBAC Officer attaches instead to the State.

Division 3—Public Interest Monitor

20IMeaning of relevant decision

(1)In this Division, a relevant decision means—

(a)a decision whether or not to include a witness in the Victorian witness protection program; and

(b)a decision whether or not to provide alternative protection arrangements to a witness; and

(c)subject to subsection (2), a decision whether to suspend or terminate protection and assistance provided to a witness under the Victorian witness protection program or alternative protection arrangements (excluding the voluntary termination of protection by the witness).

(2)A decision referred to in subsection (1)(c), is not a relevant decision unless the Public Interest Monitor considers it appropriate to exercise the function of the Public Interest Monitor under section 20J(1)(a) in respect of that decision.

20JFunctions of the Public Interest Monitor

(1)The Public Interest Monitor has the following functions under this Act—

(a)to inform the making of a relevant decision by the Chief Commissioner by—

(i)testing the content and sufficiency of the information relied on by the Chief Commissioner and considering the circumstances of the witness; and

(ii)making recommendations or reporting to the Chief Commissioner as to the appropriateness of any of the options under consideration, having regard to the public interest and the principles set out in section 3AA;

(b)to make recommendations and to report to the Chief Commissioner at any time on any matter arising out of the Public Interest Monitor's functions under this Act;

(c)to provide to the IBAC any information that the Public Interest Monitor reasonably considers is relevant to the performance of the functions of the IBAC under this Act.

(2)For the purpose of testing the matters referred to in subsection (1)(a)(i), the Public Interest Monitor may require any member of Victoria Police personnel whom the Public Interest Monitor believes has information concerning the relevant decision under consideration to answer questions relating to the relevant decision.

(3)The Public Interest Monitor has power to do all things necessary or convenient to be done for, or in connection with, the performance of the functions of the Public Interest Monitor under this Act.

20KChief Commissioner to notify the Public Interest Monitor of scheduled decisions

(1)The Chief Commissioner must notify the Public Interest Monitor when a decision referred to in section 20I(1) is due to be made.

(2)A notification under subsection (1) must—

(a)be given as soon as practicable after the decision has been scheduled to be made; and

(b)be in accordance with the regulations.

(3)Before a decision referred to in section 20I(1) is made, the Chief Commissioner must ensure that the Public Interest Monitor is given copies of all documents that the Chief Commissioner will consider in making the decision.

20LFull disclosure to the Public Interest Monitor

(1)The following persons must fully disclose to the Public Interest Monitor all information held by, or known to, the person that is relevant for the performance of the Public Interest Monitor's function under section 20J(1)(a)—

(a)the Chief Commissioner;

(b)a member of Victoria Police personnel who is required by the Public Interest Monitor under section 20J(2) to answer questions.

(2)A person referred to in subsection (1) must not knowingly or recklessly fail to comply with that subsection.

20MChief Commissioner to have regard to recommendations and reports of the Public Interest Monitor

In making a relevant decision, the Chief Commissioner must have regard to any recommendation or report of the Public Interest Monitor given to the Chief Commissioner under section 20J(1)(a) in respect of the relevant decision.

20NReturn of documents

The Public Interest Monitor must return to the Chief Commissioner any documents given to the Public Interest Monitor by the Chief Commissioner relating to a decision referred to in section 20I(1) as soon as practicable after the Chief Commissioner has made the decision.

20ORecommendations

(1)The Public Interest Monitor may at any time make recommendations to the Chief Commissioner about action that should be taken in relation to a matter arising out of the Public Interest Monitor's functions under this Act.

(2)Within a reasonable time after receiving a recommendation under subsection (1), the Chief Commissioner must—

(a)take the recommended action; or

(b)if the Chief Commissioner has not taken the recommended action or does not intend to take the recommended action—give a report to the Public Interest Monitor stating the reason for not taking or intending to take the action.

20PReports on performance of functions under this Act

(1)The Principal Public Interest Monitor may at any time give the Minister a written report on the performance of the functions of the Public Interest Monitor under this Act.

(2)The Principal Public Interest Monitor must give the Minister a report under subsection (1)—

(a)at least once each financial year; and

(b)if requested by the Minister to do so—as soon as practicable after receiving the request.

(3)The Principal Public Interest Monitor must not include in a report under subsection (1) any information that would—

(a)prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the Public Interest Monitor is aware; or

(b)compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority; or

(c)disclose information about the identity or location, or compromise the security, of a person—

(i)who is or has been included in the Victorian witness protection program; or

(ii)to whom alternative protection arrangements are being or have been provided.

(4)The Principal Public Interest Monitor must give a copy of any report under subsection (1) to the Chief Commissioner.

20QImmunity of the Public Interest Monitor

(1)The Public Interest Monitor is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a)in the performance of a duty or a function or the exercise of a power under this Act or any regulations made under this Act; or

(b)in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act or any regulations made under this Act.

(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to the Public Interest Monitor attaches instead to the State.

Division 4—Reporting

20RReport to the Minister

(1)As soon as practicable after the end of each financial year, the Chief Commissioner must submit to the Minister a report on the general operations, performance and effectiveness of the Victorian witness protection program and alternative protection arrangements provided under this Act.

(2)The Chief Commissioner must advise the Minister of any information in the report that, in the opinion of the Chief Commissioner, should be excluded from the report before the report is laid before Parliament because the information, if made public, could reasonably be expected to—

(a)prejudice a criminal investigation, criminal proceeding or other legal proceeding; or

(b)compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority; or

(c)disclose information about the identity or location, or compromise the security, of a person—

(i)who is or has been included in the Victorian witness protection program; or

(ii)to whom alternative protection arrangements are being or have been provided.

(3)The Minister must—

(a)exclude information from the report if satisfied on the advice of the Chief Commissioner of any of the grounds set out in subsection (2); and

(b)cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.

PART 3—COMMONWEALTH AND INTERSTATE ARRANGEMENTS

21Arrangements with approved authorities

(1)The Chief Commissioner may make arrangements with an approved authority about any matter in connection with the administration of a complementary witness protection law.

(2)Without limiting the coverage of those arrangements, they—

(a)may provide for the Chief Commissioner or a police officer to perform functions or exercise powers conferred by a complementary protection law;

(b)must include procedures under which the authority shares with the State the costs incurred under those arrangements;

(c)may provide for the authority to make available to the Chief Commissioner such statements, transcripts of evidence and other documents as will assist the Chief Commissioner in deciding—

(i)whether to provide protection or assistance to a person under this Act;

(ii)what protection and assistance is appropriate for a person;

(d)may confer powers and functions under complementary witness protection laws on the Chief Commissioner;

(e)must include requirements for the training of officers of the authority in the making of entries in the register of births and register of marriages to ensure that the integrity of those registers is maintained;

(f)must include requirements on the authority to maintain records showing details of the original birth entry or original marriage entry of each person in respect of whom an entry is made under section 8(a) by an officer or officers of the authority.

21AApproved authorities can only act under this Act if arrangements with Chief Commissioner are in place

An approved authority or an officer of an approved authority may perform a function or exercise a power under this Act only if arrangements between the Chief Commissioner and the approved authority under section 21 are in force.

22Authorisation of approved authorities

(1)The Minister, by notice published in the Government Gazette, may authorise an approved authority to perform functions or exercise powers conferred on the Chief Commissioner under this Act for the purposes of any arrangement entered into by the Chief Commissioner under section 21 or the corresponding provision of a complementary witness protection law.

(2)If a notice has been published under subsection (1) in relation to an approved authority within the meaning of paragraph (a) or (b) of the definition of approved authority in section 3—

(a)for the purposes of an arrangement referred to in subsection (1), a person who is a member of the body of which the approved authority is Commissioner (however designated) may perform any function or exercise any power conferred on a police officer under this Act; and

(b)the provisions of this Act apply to the person as if he or she were a police officer.

(2A)If a notice has been published under subsection (1) in relation to an approved authority within the meaning of paragraph (c) of the definition of approved authority in section 3—

(a)for the purposes of an arrangement referred to in subsection (1), a person who is a member of the staff of the Australian Crime Commission may perform any function or exercise any power conferred on a police officer under this Act; and

(b)the provisions of this Act apply to the person as if he or she were a police officer.

(3)If a notice has been published under subsection (1) in relation to an approved authority within the meaning of paragraph (d) of the definition of approved authority in section 3—

(a)for the purposes of an arrangement referred to in subsection (1), a person who is a member or an officer of the approved authority may perform any function or exercise any power conferred on a police officer under this Act; and

(b)the provisions of this Act apply to the person as if he or she were a police officer.

23Provision of information to approved authorities

(1)If—

(a)a person has been provided with a new identity or relocated under this Act; and

(b)an approved authority notifies the Chief Commissioner that the person is under investigation for, or has been arrested for or is charged with, an offence against a law of the Commonwealth or another State the maximum penalty for which is or includes imprisonment for a period of more than 1 year—

the Chief Commissioner may do any or all of the things in subsection (2).

(2)If subsection (1) applies, the Chief Commissioner may—

(a)release to the approved authority the person's new identity or location;

(b)provide the approved authority with the person's criminal record and fingerprints;

(c)release to the approved authority such other information relating to the person as the Chief Commissioner considers appropriate in the circumstances;

(d)if the Chief Commissioner considers it appropriate in the circumstances, allow officers of the approved authority to interview police officers in relation to the person.

PART 4—GENERAL

23ADelegation by Chief Commissioner

(1)The Chief Commissioner, by instrument, may delegate to a Deputy Commissioner a duty, function or power of the Chief Commissioner under any of the following provisions—

(a)sections 3A and 9O, to the extent that they provide for the taking of action to protect the safety or welfare of a witness or a member of the family of a witness;

(b)sections 3B, 3C, 4, 5, 9A, 9B, 9P, 9Q, 9R, 10(4)(a), 15, 15A, 15AA, 16, 19(1) and (2), 20K, 21, 23 and 28.

(1A)The Chief Commissioner, by instrument, may delegate a duty, function or power of the Chief Commissioner under Division 2 and 3 of Part 2 to a police officer of, or above, the rank of Superintendent.

(2)No more than one delegation may be in force at any one time in respect of a duty, function or power of the Chief Commissioner under Division 2 or 3 of Part 2, excluding any delegation to a Deputy Commissioner.

(3)A police officer of or above the rank of superintendent may perform or exercise duties, functions or powers delegated to the police officer by the Chief Commissioner under a complementary witness protection law.

(4)Section 19 of the Victoria Police Act 2013 does not apply to a duty, function or power of the Chief Commissioner under this Act or a complementary witness protection law.

24Freedom of Information Act 1982

(1)Despite anything to the contrary in the Freedom of Information Act 1982, that Act does not apply to—

(a)a document, whether created before, on or after the commencement of this section, to the extent that the document discloses information about—

(i)the identity or location of a person who is, or has been, a participant or a recognised participant; or

(ii)the fact that a person has entered into a memorandum of understanding under section 5 or the details of a memorandum of understanding entered into under that section; or

(iia)the fact that an interim protection declaration has been made in relation to a person or the details of an interim protection declaration; or

(iib)the making of an application for, or the granting of, an authority under Division 3 of Part 2 or anything done in accordance with that authority; or

(iic)the identity or location of a person to whom alternative protection arrangements are being or have been provided; or

(iid)the fact that a person has entered into a memorandum of understanding under section 9R or the details of a memorandum of understanding entered into under that section; or

(iii)the making of an entry on the register of births or the register of marriages under this Act; or

(iv)anything done by the Chief Commissioner or another police officer or an approved authority or an officer of an approved authority under this Act or a complementary witness protection law; or

(b)a document to the extent that the document discloses any information received by the Chief Commissioner from an approved authority under this Act or a complementary witness protection law; or

(c)a document to the extent that it discloses any information received by the Chief Commissioner or the Minister from the IBAC or the Public Interest Monitor under this Act.

(2)In this section—

participant includes a person in relation to whom an interim protection declaration has been made;

recognised participant includes a person in relation to whom a declaration or order that corresponds to an interim protection declaration has been made under a complementary witness protection law or who has otherwise received interim or temporary protection under a complementary witness protection law.

24ADouble jeopardy

If an act or omission is both an offence under this Act and an offence under a law of the Commonwealth, or of another State, or of a Territory, a person who—

(a)is convicted of the offence under that law; or

(b)is found by a court to have committed the offence under that law but is not convicted—

is not liable to be proceeded against for the offence under this Act.

*                *                *                *                *

25ARegulations

(1)The Governor in Council may make regulations—

(a)for the purpose of implementing arrangements with approved authorities in connection with complementary witness protection laws; and

(b)for or with respect to any other matter or thing that is required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

(2)Regulations made under this Act—

(a)may be of general or limited application; and

(b)may differ according to differences in time, place or circumstances; and

(c)may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(i)wholly or partially or as amended by the regulations; or

(ii)formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time; and

(d)may leave anything for the approval or satisfaction of a specified person; and

(e)may provide in a specified case or class of case for the exemption of persons or things or a specified class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as specified.

(3)Regulations may be made under this Act in relation to—

(a)the requirements for transmission, disposal and storage of documents or information that the Public Interest Monitor receives in performing the functions of the Public Interest Monitor under this Act; and

(b)the notifications required to be given to the Public Interest Monitor under section 20K.

PART 5—TRANSITIONAL PROVISIONS

26Transitional provision

(1)A person who has entered a memorandum of understanding with the Chief Commissioner of Police that is in force immediately before the commencement of section 11 of the Witness Protection (Amendment) Act 1996 is taken to be a witness included on the Victorian witness protection program and the memorandum of understanding continues to have effect after that commencement according to its tenor.

(2)Arrangements that were in force between the Chief Commissioner of Police and the Chair of the National Crime Authority under section 21 immediately before 1 January 2003 continue in force for the purposes of this Act as if they were arrangements made by the Chief Commissioner of Police with the Chief Executive Officer of the Australian Crime Commission.

27Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012

(1)An appeal to the Director made under section 17(5) but not determined by the Director under section 17(6) immediately before the amendment of section 17 by the Integrity and Accountability Legislation Amendment Act 2012 is to be taken, on and from that amendment, to be an appeal to the IBAC under section 17(5) and must be determined by the IBAC as if it were an appeal made to the IBAC.

(2)An appeal to the Director made under section 19(6) but not determined by the Director under section 19(7) immediately before the amendment of section 19 by the Integrity and Accountability Legislation Amendment Act 2012 is to be taken, on and from that amendment, to be an appeal to the IBAC under section 19(6) and must be determined by the IBAC as if it were an appeal made to the IBAC.

28Transitional provision—Witness Protection Amendment Act 2014

(1)If a memorandum of understanding entered into under section 5 before the commencement day that is in force on that day does not include any obligations referred to in section 5(2)(fa) as inserted by section 11(b) of the amending Act—

(a)the Chief Commissioner may give written notice to the witness of any such obligations; and

(b)if so, the memorandum of understanding is taken to include those obligations on and after the time of notification.

(2)An appeal that had been instituted under section 17(5) or 19(6) before the commencement day but not determined before that day may be determined on and after that day as if this Act had not been enacted and section 18 or 20 (as the case requires) as in force immediately before the commencement day, continues to apply in respect of that appeal.

(3)In this section—

amending Act means the Witness Protection Amendment Act 2014;

commencement day means the day after the day on which the amending Act receives the Royal Assent.

29Transitional provision—Witness Protection Amendment Act 2016

(1)Despite section 9O(1)(a), the Chief Commissioner may decide to provide alternative protection arrangements to a witness who has not been considered under section 3B for inclusion in the Victorian witness protection program.

(2)This section ceases to have effect on the first anniversary of the day on which section 12 of the Witness Protection Amendment Act 2016 comes into operation.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 November 1990

Legislative Council: 20 March 1991

The long title for the Bill for this Act was "A Bill to make provision for matters relating to witness protection and for other purposes.".

The Witness Protection Act 1991 was assented to on 23 April 1991 and came into operation on 23 April 1991: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Witness Protection Act 1991 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Witness Protection (Amendment) Act 1994, No. 28/1994

Assent Date:	24.5.94
Commencement Date:	22.4.94: s. 2
CurrentState:	All of Act in operation

Births, Deaths and Marriages Registration Act 1996, No. 43/1996

Assent Date:	26.11.96
Commencement Date:	S. 65(Sch. item 14) on 2.10.97: Government Gazette 2.10.97 p. 2731
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Witness Protection (Amendment) Act 1996, No. 58/1996

Assent Date:	10.12.96
Commencement Date:	All of Act (except s. 12) on 10.12.96: s. 2(1); s. 12 on 2.10.97: Government Gazette 2.10.97 p. 2731
CurrentState:	All of Act in operation

Witness Protection (Amendment) Act 2000, No. 31/2000

Assent Date:	30.5.00
Commencement Date:	31.5.00: s. 2
CurrentState:	All of Act in operation

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001

Assent Date:	7.11.01
Commencement Date:	S. 3(Sch. item 13) on 20.12.01: Government Gazette 20.12.01 p. 3127
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 68) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

National Crime Authority (State Provisions) (Amendment) Act 2002, No. 18/2002

Assent Date:	21.5.02
Commencement Date:	S. 25 on 22.5.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Australian Crime Commission (State Provisions) Act 2003, No. 52/2003

Assent Date:	16.6.03
Commencement Date:	S. 52(Sch. 1 item 14) on 16.10.03: Government Gazette 16.10.03 p. 2624
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004

Assent Date:	12.10.04
Commencement Date:	S. 33 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 67) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Police Integrity Act 2008, No. 34/2008

Assent Date:	1.7.08
Commencement Date:	S. 143(Sch. 2 item 15) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Justice Legislation Further Amendment Act 2009, No. 55/2009

Assent Date:	22.9.09
Commencement Date:	S. 62 on 30.10.09: Government Gazette 29.10.09 p. 2729
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 168, 169 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 185) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Witness Protection Amendment Act 2014, No. 43/2014

Assent Date:	17.6.14
Commencement Date:	Ss 4–36 on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 3; s. 37 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 45) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Witness Protection Act 1991

Witness Protection Amendment Act 2016, No. 34/2016

Assent Date:	15.6.16
Commencement Date:	Ss 4–25 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Witness Protection Act 1991

Special Investigator Act 2021, No. 50/2021

Assent Date:	30.11.21
Commencement Date:	Ss 145–147 on 1.12.21: s. 2
Current State:	This information relates only to the provision/s amending the Witness Protection Act 1991

Special Investigator Repeal Act 2023, No. 31/2023

Assent Date:	8.11.23
Commencement Date:	Ss 69–71 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1
Current State:	This information relates only to the provision/s amending the Witness Protection Act 1991

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.