Witness Protection Regulations 2018

Administered by Department of Home Affairs

Legislation au F2018L01728 Regulations In force Legislative Instrument

Legislation content

Witness Protection Regulations 2018

made under the

Witness Protection Act 1994

Compilation No. 1

Compilation date: 13 March 2024

Includes amendments: F2024L00284

Registered: 19 March 2024

About this compilation

This compilation

This is a compilation of the Witness Protection Regulations 2018 that shows the text of the law as amended and in force on 13 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Definitions

5A Meaning of eligible national security clearance

6 Permission not to disclose former identity—prescribed form

7 Meaning of civil proceeding

Schedule 1—Forms

Form 1—Permission under the Witness Protection Act 1994 for participant not to disclose original identity or former NWPP identity

Form 2—Permission under a complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Witness Protection Regulations 2018.

3  Authority

  This instrument is made under the Witness Protection Act 1994.

5  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) complementary witness protection law;

(b) former NWPP identity;

(c) original identity;

(d) participant.

  In this instrument:

Act means the Witness Protection Act 1994.

5A  Meaning of eligible national security clearance

  For the purposes of the definition of eligible national security clearance in section 3 of the Act, a security clearance at one of the following levels is prescribed:

 (a) Negative Vetting Level 1;

 (b) Negative Vetting Level 2;

 (c) Positive Vetting.

6  Permission not to disclose former identity—prescribed form

 (1) For the purposes of paragraph 16(1)(b) of the Act, Form 1 in Schedule 1 is prescribed.

 (2) For the purposes of subsection 16(5) of the Act, Form 2 in Schedule 1 is prescribed and may be used for the purpose of granting an approval under subsection 16(4) of the Act.

7  Meaning of civil proceeding

  For the purposes of paragraph (d) of the definition of civil proceeding in subsection 27A(3) of the Act, each of the following is prescribed:

 (a) an application for a restraining order under Division 2 of Part 2‑1 of the Proceeds of Crime Act 2002;

 (b) an examination conducted under Division 3 of Part 3‑1 of the Proceeds of Crime Act 2002.

Schedule 1—Forms

Note: See section 6.

Form 1—Permission under the Witness Protection Act 1994 for participant not to disclose original identity or former NWPP identity

 

Commonwealth of Australia

 

Witness Protection Act 1994

 

Permission under paragraph 16(1)(b) of the Act for participant not to disclose original identity or former NWPP identity

 

I, [name], the Commissioner of the Australian Federal Police, under paragraph 16(1)(b) of the Witness Protection Act 1994, give permission to [name of participant]:

 (a) a participant who has been provided with a new identity under the National Witness Protection Program; and

 (b) who would, apart from section 16 of that Act, be required by or under a law of the Commonwealth to disclose the participant’s *original identity /*former NWPP identity provided on [date] for a particular purpose, namely [specify the purpose];

not to disclose that identity for that particular purpose.

Dated

 

Commissioner

*Omit if not applicable.

Form 2—Permission under a complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity

 

Commonwealth of Australia

 

Witness Protection Act 1994

 

Permission under complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity

 

I, [name], the Commissioner of the Australian Federal Police, under [specify provision] of [specify State or Territory law] of [specify State or Territory], a complementary witness protection law within the meaning of the Witness Protection Act 1994 of the Commonwealth (the Witness Protection Act), give permission to [name of participant]:

 (a) a participant who has been provided with a new identity under the National Witness Protection Program under the Witness Protection Act; and

 (b) who would otherwise be required to disclose the participant’s *original identity /*former NWPP identity provided on [date] for a particular purpose, namely [specify the purpose];

not to disclose that identity to a Commonwealth officer for that particular purpose.

Dated

 

Commissioner

*Omit if not applicable.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Witness Protection Regulations 2018

11 Dec 2018 (F2018L01728)

12 Dec 2018 (s 2(1) item 1)

 

Witness Protection Amendment (Eligible National Security Clearance) Regulations 2024

6 Mar 2024 (F2024L00284)

13 Mar 2024 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5A....................

ad F2024L00284

Schedule 2................

rep LA s 48C

 

 

Overview

The Witness Protection Regulations 2018 were enacted under the Witness Protection Act 1994 and serve to provide detailed operational guidelines and procedures for the protection of witnesses involved in criminal proceedings, particularly those who have been granted new identities under the National Witness Protection Program. These regulations address the need for comprehensive rules to safeguard the identities and safety of witnesses who face potential retaliation from criminals. The regulations are formulated by the Commonwealth of Australia and aim to ensure that the integrity and effectiveness of the witness protection program are upheld. By prescribing forms for permissions regarding the disclosure of identities and defining terms such as "eligible national security clearance" and "civil proceeding," the regulations offer a structured framework to facilitate the implementation of the Act's provisions, thereby enhancing the protection and support provided to vulnerable witnesses.

Scope and Application

The Witness Protection Regulations 2018, made under the Witness Protection Act 1994, provide detailed provisions concerning the administration and operation of the Witness Protection Act and related national security clearances. These regulations apply to participants in the National Witness Protection Program (NWPP) who have been granted new identities and to those Commonwealth officers involved in administering the Act. The regulations also extend to entities involved in the protection of these witnesses, including the Australian Federal Police and relevant state and territory agencies under complementary witness protection laws. The geographic scope of these regulations is national, encompassing all participants in the NWPP across Australia, and they include provisions that allow for the adaptation and application of the Act through subordinate instruments. The regulations establish prescribed forms for permissions not to disclose former identities and define specific levels of eligible national security clearances, thereby providing a structured framework for the protection of witnesses. Any uncommenced amendments are accessible on the Register, and the compiled law operates as modified by any other laws without altering the text itself.

Key Provisions

The Witness Protection Regulations 2018, made under the Witness Protection Act 1994, include a number of key provisions that define how the Act operates. Section 5 provides definitions for terms used in the regulations, including 'complementary witness protection law', 'former NWPP identity', 'original identity', and 'participant'. Section 5A defines 'eligible national security clearance', stipulating that clearances at Negative Vetting Level 1, Negative Vetting Level 2, and Positive Vetting are prescribed. Section 6 prescribes the forms required for permission not to disclose former identity, with Form 1 (Schedule 1) for use under paragraph 16(1)(b) of the Act and Form 2 for use under a complementary witness protection law of a State or Territory. Section 7 defines 'civil proceeding' to include applications for a restraining order under the Proceeds of Crime Act 2002 and examinations conducted under the same Act. The regulations impose specific obligations and requirements on the parties and entities they govern. For example, Section 6 mandates the use of prescribed forms for permission not to disclose former identity, ensuring that such permissions are granted in a legally recognised manner. Section 5A's definition of 'eligible national security clearance' sets the criteria for individuals who may be granted certain protections under the Act. Additionally, Section 7's inclusion of specific civil proceedings ensures clarity on the types of legal contexts where a participant's identity may be protected. Violations of the provisions within the Witness Protection Regulations 2018 can lead to significant legal consequences. While the regulations themselves do not explicitly outline specific offences, penalties, or consequences for breach, these would typically be derived from the overarching Witness Protection Act 1994. Breaches of the Act may result in both civil and criminal penalties, depending on the nature and severity of the offence. Civil penalties could include fines or other monetary sanctions, while criminal penalties might encompass imprisonment or other legal sanctions. The maximum penalties would be determined based on the specific provisions of the Act that are contravened.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.