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 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 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. 4 amended by Nos 43/1996 s. 65(Sch. item 14.3), 58/1996 s. 6, 31/2000 s. 6, 37/2014 s. 10(Sch. item 185.2), substituted by No. 43/2014 s. 10. 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 s. 4
S. 8(1)(b) amended by No. 58/1996 s. 8(1)(b)(i), substituted by No. 31/2000 s. 10(b), amended by No. 37/2014 s. 10(Sch. item 185.3). (b) the Registrar is required to give the police officer or police officers or officer or officers of an approved authority nominated in the authorizing court order access to the register of births or register of marriages and to give such assistance as they may require; and S. 8(1)(c) amended by Nos 58/1996 s. 8(1)(b)(ii), 31/2000 s. 10(c), s. 10(Sch. item 185.3), 43/2014 s. 13(1). (c) the Chief Commissioner must maintain records showing details of the original birth entry or original marriage entry of each person in respect of whom an entry is made under paragraph (a) by a police officer or police officers. S. 8(2) inserted by No. 43/2014 s. 13(2). (2) Section 53 of the Births, Deaths and Marriages Registration Act 1996 does not apply in respect of any statement or entry made for the purposes of this Act. 9 Effect of entries made under this Act s. 8 S. 9(1) amended by Nos 58/1996 s. 8(1)(c), 43/1996 s. 65(Sch. item 14.4). (1) An entry made in the register of births or register of marriages under this Act has effect as if it were a valid entry made under the Births, Deaths and Marriages Registration Act 1996. 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— (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 of Police directing that the entry be cancelled;
(b) notify the relevant approved authority (if any) of the decision. s. 17 (2) Within 28 days after receiving notification under subsection (1)(a), a person may apply in writing to the Chief Commissioner for a review of the decision. (3) If an application is made under subsection (2), 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. 17(4) substituted by No. 43/2014 s. 25(3). (4) If the Chief Commissioner confirms the decision, he or she must inform the person of the reasons for the confirmation. S. 17(5) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(6), substituted by No. 43/2014 s. 25(3). (5) The Chief Commissioner must complete the review and inform the person under subsection (3)(c) within 14 days after the date of the application. S. 17(6) amended by Nos 63/2004 s. 33(b), 55/2009 s. 62, 82/2012 s. 168(6), repealed by No. 43/2014 s. 25(4). * * * * *