Victorian Current Acts

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WITNESS PROTECTION ACT 1991


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3AAA.   Objective of witness protection  
   3AA.    Witness protection principles  

   PART 2--WITNESS PROTECTION AND ASSISTANCE

   3A.     Victorian witness protection program  
   3B.     Inclusion in the Victorian witness protection program  
   3C.     Special commercial arrangements by Chief Commissioner  
   4.      Witness to disclose certain matters before being included in program  
   5.      Memorandum of understanding—Victorian witness protection program  
   6.      Application for court order  
   7.      Power of Supreme Court to make order  
   8.      Effect of authorizing court order  
   9.      Effect of entries made under this Act  
   9A.     Dealing with rights and obligations of participants  
   9B.     Requirement on participant involved in civil proceedings  
   9C.     Interim protection  
   9D.     Duration of interim protection declaration  
   9E.     Cessation of interim protection declaration  
   9F.     Definitions  
   9G.     Application for authority to acquire and use assumed identity  
   9H.     Authority to acquire and use assumed identity  
   9I.     Duration of authority  
   9J.     Variation or cancellation of authority  
   9K.     Evidence of assumed identity  
   9L.     Protection from criminal liability—officers of issuing agencies  
   9M.     Protection from criminal liability—authorised persons  
   9N.     Misuse of assumed identity  
   9O.     Alternative protection arrangements  
   9P.     Provision of alternative protection arrangements  
   9Q.     Witness to disclose certain matters  
   9R.     Memorandum of understanding—alternative protection arrangements  
   9S.     Options for protection and assistance may be considered simultaneously  
   10.     Information not to be disclosed  
   10A.    Disclosure of information about identity etc. in proceedings  
   11.     Offences in relation to documents  
   12.     Privilege of matters and things relating to performance of duties in accordance with this Act  
   12A.    Immunity from civil action  
   12B.    Investigations of complaints by the IBAC  
   13.     Court proceedings under this Act to be closed  
   14.     Certain provisions of Births, Deaths and Marriages Registration Act 1996 excluded  
   15.     Special provision in case of marriage  
   15AA.   Review of protection and assistance provided to witnesses  
   15A.    Suspension of protection and assistance  
   16.     Termination of protection and assistance  
   17.     Involuntary termination—notice and review  
   18.     When does involuntary termination take effect?  
   19.     Restoration of former identity  
   20.     When does a decision to restore a person's former identity take effect?  
   20A.    Children of participant or recognised participant who have no former identity  

   PART 2A--PUBLIC ACCOUNTABILITY, MONITORING AND REPORTING

   20B.    Record keeping  
   20C.    Functions of the IBAC  
   20D.    IBAC to be given reasonable assistance  
   20E.    Powers in relation to monitoring  
   20F.    Recommendations  
   20G.    Reports on monitoring compliance  
   20H.    Immunity of the IBAC and IBAC Officers  
   20I.    Meaning of relevant decision  
   20J.    Functions of the Public Interest Monitor  
   20K.    Chief Commissioner to notify the Public Interest Monitor of scheduled decisions  
   20L.    Full disclosure to the Public Interest Monitor  
   20M.    Chief Commissioner to have regard to recommendations and reports of the Public Interest Monitor  
   20N.    Return of documents  
   20O.    Recommendations  
   20P.    Reports on performance of functions under this Act  
   20Q.    Immunity of the Public Interest Monitor  
   20R.    Report to the Minister  

   PART 3--COMMONWEALTH AND INTERSTATE ARRANGEMENTS

   21.     Arrangements with approved authorities  
   21A.    Approved authorities can only act under this Act if arrangements with Chief Commissioner are in place  
   22.     Authorisation of approved authorities  
   23.     Provision of information to approved authorities  

   PART 4--GENERAL

   23A.    Delegation by Chief Commissioner  
   24.     Freedom of Information Act 1982  
   24A.    Double jeopardy  
   25A.    Regulations  

   PART 5--TRANSITIONAL PROVISIONS

   26.     Transitional provision  
   27.     Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012  
   28.     Transitional provision—Witness Protection Amendment Act 2014  
   29.     Transitional provision—Witness Protection Amendment Act 2016  
           ENDNOTES


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