Victorian Current Acts

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WITNESS PROTECTION ACT 1991 - SECT 19

Restoration of former identity

S. 19(1) amended by No. 43/2014 s. 27(1).

    (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.

S. 19(5) substituted by No. 43/2014 s. 27(2).

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

S. 19(6) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(8), substituted by No. 43/2014 s. 27(2).

    (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.

S. 19(7) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(8), repealed by No. 43/2014 s. 27(3).

    *     *     *     *     *

    (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.

S. 20
inserted by No. 58/1996 s. 11.



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