Victorian Current Acts

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WITNESS PROTECTION ACT 1991 - SECT 4

Witness to disclose certain matters before being included in program

    (1)     A witness who wishes to be included in the Victorian witness protection program must provide the Chief Commissioner with all information necessary for the Chief Commissioner to decide whether the witness should be included.

    (2)     Without limiting subsection (1), a witness must—

        (a)     disclose to the Chief Commissioner details of all outstanding legal obligations of the witness; and

        (b)     disclose to the Chief Commissioner details of any outstanding debts of the witness, including amounts outstanding for any tax under a law of the Commonwealth or of a State or Territory; and

        (c)     disclose to the Chief Commissioner details of the witness's criminal history; and

        (d)     disclose to the Chief Commissioner details of any civil proceedings that have been instituted by or against the witness; and

        (e)     disclose to the Chief Commissioner details of any bankruptcy proceedings that have been instituted against the witness; and

        (f)     inform the Chief Commissioner whether the witness is an insolvent under administration; and

        (g)     inform the Chief Commissioner whether there are any restrictions on the witness's holding positions in companies, whether public or private; and

        (h)     disclose to the Chief Commissioner details of the witness's immigration status; and

              (i)     disclose to the Chief Commissioner details of financial liabilities and assets (whether real or personal) of the witness in relation to which—

              (i)     a record is kept under a law of the Commonwealth or of a State or Territory; or

              (ii)     the witness has entered into a contractual arrangement; and

        (j)     disclose to the Chief Commissioner details of any cash held by the witness, whether in accounts or otherwise; and

        (k)     disclose to the Chief Commissioner details of any reparation order that is in force against the witness; and

        (l)     inform the Chief Commissioner whether any of the witness's property (whether real or personal) is liable to forfeiture or confiscation or is subject to restraint under a law of the Commonwealth or of a State or Territory; and

        (m)     inform the Chief Commissioner of the witness's general medical condition; and

        (n)     disclose to the Chief Commissioner details of any relevant court orders or arrangements relating to custody of, or access to, children; and

        (o)     disclose to the Chief Commissioner details of any business dealings in which the witness is involved; and

        (p)     disclose to the Chief Commissioner details of court orders relating to sentences imposed on the witness to which the witness is subject in relation to criminal prosecutions; and

        (q)     disclose to the Chief Commissioner details of any parole or licence to which the witness is subject; and

        (r)     give the Chief Commissioner copies of any documents relating to any such orders, parole or licence; and

        (s)     disclose to the Chief Commissioner details of any arrangements that the witness has made for—

              (i)     the service of documents on the witness; and

              (ii)     representation in proceedings in court; and

              (iii)     enforcement of judgments in the witness's favour; and

              (iv)     compliance with the enforcement of judgments against the witness.

    (3)     If required to do so by the Chief Commissioner, a witness must give the Chief Commissioner a copy of any document in the witness's possession or control relating to a matter referred to in subsection (2).

    (4)     The Chief Commissioner may—

        (a)     require a witness to undergo—

              (i)     medical tests or examinations; or

              (ii)     psychological or psychiatric examinations—

and to make the results available to the Chief Commissioner; or

        (b)     make any other inquiries and investigations that the Chief Commissioner considers necessary—

for the purposes of assessing whether the witness should be included in the Victorian witness protection program.

S. 5 (Heading) inserted by No. 34/2016 s. 7.



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