New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SECT 9A

9A Recording and monitoring of communications

(1) This section applies if a memorandum of understanding in relation to a participant contains a provision of the kind referred to in section 8(2)(c2).

(2) The Commissioner of Police may record or monitor the participant's communications with another person, other than the following persons--

(a) the participant's legal representative,

(b) a member of staff of the Commission,

(c) the Inspector,

(d) a member of the NSW Police Force who is exercising functions in relation to police misconduct investigations.

(3) The following must not be used in legal proceedings against a person who is not the participant--

(a) a recording obtained in accordance with the memorandum of understanding,

(b) a transcript or report of the recording.

(4) Subsection (2) does not authorise the Commissioner of Police to intercept communications passing over a telecommunications system.