Victorian Current Acts

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WITNESS PROTECTION ACT 1991 - SECT 20A

Children 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—

S. 20A(2)(a) amended by No. 43/2014 s. 37(d).

        (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

S. 20A(2)(b) amended by No. 43/2014 s. 37(d).

        (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)—

S. 20A(4)(a) amended by No. 43/2014 s. 37(d).

        (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

S. 20A(4)(b) amended by No. 43/2014 s. 37(d).

        (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).

Pt 2A (Headings and ss
20B–20R) inserted by No. 34/2016 s. 20.

Part 2A—Public accountability, monitoring and reporting

Division 1—Record keeping

S. 20B inserted by No. 34/2016 s. 20.



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