S. 3(1) def. of approved authority inserted by No. 58/1996 s. 4(1), amended by Nos 18/2002 s. 25(1)(a), 52/2003 s. 52(Sch. 1 item s. 10(Sch. item 185.1(b)). approved authority means— (a) the Commissioner of the Australian Federal Police; (b) a Commissioner (however designated) of the police force or police service of another State; (c) the Chief Executive Officer of the Australian Crime Commission; (d) an authority or body of the Commonwealth or another State that— (i) is authorised to conduct inquiries or investigations in relation to conduct that constitutes, or is alleged to constitute, criminal conduct, misconduct or corruption; and (ii) is declared by the Minister, by notice published in the Government Gazette, to be an approved authority for the purposes of this Act; S. 3(1) def. of authorizing court order amended by No. 43/2014 s. 5(b). authorizing court order means a court order authorizing the making of an entry under this Act, other than an order made under section 9(2) or 20A(2); S. 3(1) def. of Chief inserted by No. 43/2014 s. 5(a), amended by No. 43/2014 s. 37(a). Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013; 37/2014
S. 3(1) def. of Ombudsman inserted by No. 58/1996 s. 4(1). Ombudsman means the Ombudsman appointed under section 3 of the Ombudsman Act 1973; S. 3(1) def. of participant inserted by No. 31/2000 s. 5, amended by No. 43/2014 s. 5(c). participant means a person who is included in the Victorian witness protection program; Note In sections 10, 10A and 24, participant has an expanded meaning—see sections 10(8), 10A(4) and 24(2). S. 3(1) def. of police officer inserted by No. s. 10(Sch. item 185.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of Principal Public Interest Monitor inserted by No. 34/2016 s. 4. Principal Public Interest Monitor means the Principal Public Interest Monitor appointed under section 6 of the Public Interest Monitor Act 2011; S. 3(1) def. of Public Interest Monitor inserted by No. 34/2016 s. 4. Public Interest Monitor means— (a) the Principal Public Interest Monitor; or (b) a Deputy Public Interest Monitor; S. 3(1) def. of recognised participant inserted by No. 31/2000 s. 5, amended by No. 43/2014 s. 5(d). recognised participant means a person who is included in a witness protection program established under a complementary witness protection law, but who is not included in the Victorian witness protection program; Note In sections 10 and 24, recognised participant has an expanded meaning—see sections 10(8) and 24(2).
S. 3(1) def. of register of births amended by No. 43/1996 s. 65(Sch. item 14.1). register of births means the register of births in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996; S. 3(1) def. of register of marriages inserted by No. 58/1996 s. 4(1), amended by No. 58/1996 s. 12. register of marriages means the register of marriages in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996; S. 3(1) def. of Registrar amended by No. 43/1996 s. 65(Sch. item 14.2). Registrar means the Registrar of Births, Deaths and Marriages; S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 13.1). spouse of a person means a person to whom the person is married; S. 3(1) def. of State inserted by No. 58/1996 s. 4(1). State includes Territory; S. 3(1) def. of sworn IBAC Officer inserted by No. 34/2016 s. 4. sworn IBAC Officer has the same meaning as in the Independent Broad-based Anticorruption Commission Act 2011;
S. 9(2) substituted by Nos 58/1996 s. 8(2), 31/2000 s. 11, amended by No. 43/2014 s. 14(1). (2) An entry made in the register of births or register of marriages under this Act can be cancelled only if— S. 9(2)(a) amended by No. 34/2016 s. 8. (a) in the case of a witness who was a participant—the Supreme Court makes a court order on the application of the Chief Commissioner directing that the entry be cancelled; (b) in the case of a witness who was a recognised participant—the Supreme Court makes a court order on the application of an approved authority directing that the entry be cancelled. S. 9(3) inserted by No. 31/2000 s. 11. (3) The Supreme Court may make an order under subsection (2) only if it is satisfied that the witness is no longer a participant or a recognised participant, as the case requires. S. 9(4) inserted by No. 43/2014 s. 14(2), amended by No. 43/2014 s. 37(b). (4) An order under subsection (2) must nominate a police officer or police officers or an officer or officers of the approved authority to cancel the entry. S. 9(5) inserted by No. 43/2014 s. 14(2), amended by No. 43/2014 s. 37(b). (5) 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 or register of marriages and to give any assistance that they may require to give effect to the order. S. 9A inserted by No. 43/2014 s. 15. 9A Dealing with rights and obligations of participants (1) If a participant has any outstanding rights or obligations or is subject to any restrictions, the Chief Commissioner must take any action that is reasonably practicable to ensure that—
S. 10(1)(d) inserted by No. 34/2016 s. 13(1)(b). (d) for the purpose of enabling the IBAC to perform its functions under this Act; or S. 10(1)(e) inserted by No. 34/2016 s. 13(1)(b). (e) for the purpose of enabling the Public Interest Monitor to perform the functions of the Public Interest Monitor under this Act. Level 5 Imprisonment (Maximum 10 years) S. 10(2) amended by Nos 31/2000 s. 12(1)(b), 43/2014 ss 17(1)(b), 37(c). (2) Despite subsection (1), the Chief Commissioner, a police officer, an approved authority or an officer of an approved authority may disclose the former identity of a witness or a member of the family of a witness for the purpose of obtaining documents relating to the new identity of the witness or family member. S. 10(3) amended by No. 31/2000 s. 12(1) (c)(i)(iii). (3) Subject to subsection (4), a person who is or has been a witness or a member of the family of a witness must not, either directly or indirectly, disclose or communicate to another person, in or elsewhere— (a) the fact that he or she or a member of his or her family has entered a memorandum of understanding under section 5; or S. 10(3)(b) amended by No. 34/2016 s. 13(2). (b) details of the memorandum of understanding under section 5; or S. 10(3)(ba) inserted by No. 43/2014 s. 17(1)(c). (ba) the fact that an interim protection declaration has been made in relation to him or her or a member of his or her family; or S. 10(3)(bb) inserted by No. 43/2014 s. 17(1)(c). (bb) details of the interim protection declaration; or
S. 10(3)(bc) inserted by No. 43/2014 s. 17(1)(c). (bc) the fact that an authority has been granted under Division 3 in relation to him or her or a member of his or her family; or S. 10(3)(bd) inserted by No. 43/2014 s. 17(1)(c). (bd) details of the authority; or S. 10(3)(be) inserted by No. 34/2016 s. 13(3). (be) the fact that the witness or a member of the family of the witness has entered into a memorandum of understanding under section 9R; or S. 10(3)(bf) inserted by No. 34/2016 s. 13(3). (bf) details of the memorandum of understanding under section 9R; or S. 10(3)(c) amended by Nos 31/2000 s. 12(1)(c)(ii), 37/2014 s. 10(Sch. item 185.4), 43/2014 s. 17(1)(d). (c) information relating to anything done by the Chief Commissioner or another police officer or an approved authority or an officer of an approved authority under this Act; or S. 10(3)(d) amended by Nos 31/2000 s. 12(1)(c)(ii), 37/2014 s. 10(Sch. item 185.4). (d) information about any police officer or an approved authority or an officer of an approved authority gained by the person as a result of anything done under this Act. Level 6 Imprisonment (Maximum 5 years). (4) Subsection (3) does not apply to a disclosure or communication— S. 10(4)(a) amended by Nos 31/2000 s. 12(1)(d), 43/2014 s. 17(1)(d). (a) that has been authorised by the Chief Commissioner or an approved authority; or
S. 12(1)(e) inserted by No. 58/1996 s. 10(2), repealed by No. 34/2016 s. 15(2). * * * * * S. 12(1)(ea) inserted by No. 82/2012 s. 168(4)(a). (ea) the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or S. 12(1)(f) inserted by No. 58/1996 s. 10(2), amended by Nos 31/2000 s. 13, 63/2004 s. 33(b), 82/2012 s. 168(4)(b), repealed by No. 34/2016 s. 15(2). * * * * * S. 12(1)(g) inserted by No. 31/2000 s. 13. (g) an officer of an approved authority. (2) Unless the Supreme Court makes a court order which provides to the contrary, or the proceedings relate to an offence under this Act, a person to whom this section applies cannot be required in any proceedings in any court or tribunal to produce any document or to divulge or communicate any matter or thing relating to the performance of his or her duties in accordance with this Act. S. 12(3) repealed by No. 34/2016 s. 15(2). * * * * *
S. 18 inserted by No. 58/1996 s. 11. 18 When does involuntary termination take effect? S. 18(1) amended by No. 43/2014 s. 26(a). (1) A decision of the Chief Commissioner under section 16(2) to terminate protection and assistance to a person— (a) if the person's location is not known and the Chief Commissioner has taken reasonable steps to notify them of the decision but has been unable to do so—takes effect at the end of the period of 28 days after those steps were commenced; or (b) if the person does not apply for a review of the decision in accordance with section 17(2)—takes effect at the end of the period of 28 days after the person receives the notification; or (c) if the person applies for a review of the decision in accordance with section 17(2) and the Chief Commissioner notifies them that the decision has been reversed—has no effect; or S. 18(1)(d) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(7)(a), substituted by No. 43/2014 s. 26(b). (d) if the person applies for a review of the decision in accordance with section 17(2) and the Chief Commissioner notifies them that the decision has been confirmed—takes effect on the expiration of 3 days after the Chief Commissioner notifies the person of the confirmation of the decision. S. 18(1)(e) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(7)(a), repealed by No. 43/2014 s. 26(c). * * * * *
Pt 3 (Heading) inserted by No. 43/2014 s. 30. S. 21 inserted by No. 58/1996 s. 11. 21 Arrangements with approved authorities S. 21(1) amended by No. 43/2014 s. 31. (1) The Chief Commissioner may make arrangements with an approved authority about any matter in connection with the administration of a complementary witness protection law. (2) Without limiting the coverage of those arrangements, they— S. 21(2)(a) amended by Nos 37/2014 s. 10(Sch. item 185.4), 43/2014 s. 31. (a) may provide for the Chief Commissioner or a police officer to perform functions or exercise powers conferred by a complementary protection law; (b) must include procedures under which the authority shares with the State the costs incurred under those arrangements; S. 21(2)(c) amended by No. 43/2014 s. 31. (c) may provide for the authority to make available to the Chief Commissioner such statements, transcripts of evidence and other documents as will assist the Chief Commissioner in deciding— (i) whether to provide protection or assistance to a person under this Act; (ii) what protection and assistance is appropriate for a person; S. 21(2)(d) amended by No. 43/2014 s. 31.
Assent Date: 30.5.00 Commencement Date: 31.5.00: s. 2 : All of Act in operation Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001 Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 13) on 20.12.01: Government Gazette 20.12.01 p. 3127 : This information relates only to the provision/s amending the Witness Protection Act 1991 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 68) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Witness Protection Act 1991 National Crime Authority (State Provisions) (Amendment) Act 2002, No. 18/2002 Assent Date: 21.5.02 Commencement Date: S. 25 on 22.5.02: s. 2 : This information relates only to the provision/s amending the Witness Protection Act 1991 Australian Crime Commission (State Provisions) Act 2003, No. 52/2003 Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 14) on 16.10.03: Government Gazette 16.10.03 p. 2624 : This information relates only to the provision/s amending the Witness Protection Act 1991 Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004 Assent Date: 12.10.04 Commencement Date: S. 33 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1 : This information relates only to the provision/s amending the Witness Protection Act 1991 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 67) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Witness Protection Act 1991 Police Integrity Act 2008, No. 34/2008