(1) The Commissioner
must make a determination that a reportable offender who is a participant in a
witness protection program either is or is not a person to whom this Division
applies —
(a) when
the reportable offender ceases to be a participant in the program as a
consequence of a request under the Witness Protection (Western Australia) Act
1996 section 25(1); or
(b) when
the Commissioner makes a decision under the Witness Protection (Western
Australia) Act 1996 section 25(2) that the protection and assistance given to
the reportable offender under the program be terminated.
(2) On making the
determination, the Commissioner must take reasonable steps to notify the
reportable offender of the terms of the determination.
(3) A reportable
offender may, within 28 days after receiving such a notification, apply in
writing to the Commissioner for a review of the determination.
(4) On receiving an
application for a review, the Commissioner —
(a) must
review the determination and confirm or reverse it; and
(b)
before making a decision on the matter, must give the applicant a reasonable
opportunity to state his or her case; and
(c)
after making a decision on the matter, must give written notice of the
decision to the applicant.
(5) Subject to
subsection (3), the determination cannot be the subject of appeal or judicial
review or otherwise be called in question in any proceedings.