{"id":"a-1996-65","name":"Witness Protection Act 1996","slug":"witness-protection-act-1996","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"65 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24514,"registerId":"act-a-1996-65-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Witness Protection Act 1996","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWitness Protection Act 1996\nA1996-65\nRepublication No 10\nEffective: 5 January 2026\nRepublication date: 5 January 2026\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Witness Protection Act 1996 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n5 January 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWitness Protection Act 1996\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Declaration of approved authority 2\n3B Declaration of complementary witness protection law 3\n3C Declaration of authority—dict, def witness 3\nPart 2 Witness protection program\n4 Witness protection program 4\n5 Assessing witness for inclusion in witness protection program 5\nPart 3 Protecting witnesses from identification\n6 Identifying documents 6\n7 Application for court order 6\n\nContents\nPage\ncontents 2 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Power of Supreme Court to make order 6\n9 Court proceedings under pt 3 to be closed to public 7\n10 Effect of witness protection order 7\n11 Effect of entries made in the register 8\n12 Offences in relation to documents 8\n13 Information not to be disclosed 8\n14 Nondisclosure of former identity of participant 9\n15 Requirement if participant becomes witness in criminal proceeding 10\n16 Identity of participant not to be disclosed in legal proceeding 10\n17 Documentation restrictions 11\n18 Special commercial arrangements by chief police officer 11\n19 Dealing with rights and obligations of participant 11\n20 Avoidance of obligations by participant 12\nPart 4 Miscellaneous\n21 Offence—disclosures about participants 13\n22 Offence—disclosures by participants 13\n23 Certain people not to be required to disclose information 14\n24 Restriction on issue of territory identity documents 15\n25 Arrangements with approved authorities 15\n26 Authorisation of approved authorities 16\n27 Protection from liability 16\n28 Proceedings for offence 17\n29 Approved forms 17\n30 Regulation-making power 17\nDictionary 18\nEndnotes\n1 About the endnotes 21\n2 Abbreviation key 21\n3 Legislation history 22\n\nContents\nPage\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 24\n5 Earlier republications 27\n\n\n\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWitness Protection Act 1996\nAn Act to make provision to protect the safety and welfare of witnesses\n\nPart 1 Preliminary\nSection 1\npage 2 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Witness Protection Act 1996.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘register—see the Births, Deaths\nand Marriages Registration Act 1997, dictionary.’ means that the term\n‘register’ is defined in that dictionary and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Declaration of approved authority\n(1) The Minister may declare that an authority or body of the\nCommonwealth, a State or another Territory is an approved authority\nfor this Act.\n(2) A declaration is a notifiable instrument.\n\nPreliminary Part 1\nSection 3B\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3B Declaration of complementary witness protection law\n(1) The Minister may declare that a law of the Commonwealth, a State or\nanother Territory is a complementary witness protection law for this\nAct.\n(2) A declaration is a notifiable instrument.\n3C Declaration of authority—dict, def witness\n(1) The Minister may declare an authority to be an authority for the\ndictionary, definition of witness, paragraph (a) (ii).\n(2) A declaration is a notifiable instrument.\n\nPart 2 Witness protection program\nSection 4\npage 4 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Witness protection program\n4 Witness protection program\n(1) The chief police officer may make arrangements with the\ncommissioner of police for the provision of services under the witness\nprotection program for the taking of the action that the chief police\nofficer considers necessary and reasonable to protect the safety and\nwelfare of a witness.\n(2) The action that may be taken under subsection (1) includes—\n(a) making arrangements necessary—\n(i) to allow the witness to establish a new identity; or\n(ii) otherwise to protect the witness; or\n(b) relocating the witness; or\n(c) providing accommodation for the witness; or\n(d) providing transport for the property of the witness; or\n(e) providing reasonable financial assistance to the witness; or\n(f) permitting people involved in the administration of the witness\nprotection program to use assumed names in carrying out their\nduties and to have documentation supporting those assumed\nnames; or\n(g) doing any other thing permitted under the witness protection\nprogram to ensure the safety of the witness; or\n(h) doing things as a result of functions given to the chief police\nofficer under a complementary witness protection law.\n\nWitness protection program Part 2\nSection 5\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Assessing witness for inclusion in witness protection\nprogram\nThe assessment and inclusion of a witness in the witness protection\nprogram must be in accordance with the provisions of the\nCommonwealth Act for the assessment and inclusion of a witness\n(within the meaning of that Act) in that program as if each reference\nin the Commonwealth Act, sections 7 and 8 to the commissioner were\na reference to the chief police officer.\n\nPart 3 Protecting witnesses from identification\nSection 6\npage 6 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Protecting witnesses from\nidentification\n6 Identifying documents\nWithout limiting section 4, the chief police officer may apply for any\ndocuments necessary—\n(a) to allow a witness to establish a new identity; or\n(b) otherwise to protect the witness.\n7 Application for court order\n(1) The chief police officer may apply to the Supreme Court for an order\nauthorising a specified person or a person of a specified class or\ndescription of people—\n(a) to make a new entry in the register in relation to a witness; or\n(b) to issue in the witness’s new identity a document of a kind\npreviously issued to the witness.\n(2) The chief police officer must provide the evidence that the Supreme\nCourt may require to satisfy itself about the matters mentioned in\nsection 8.\n8 Power of Supreme Court to make order\nThe Supreme Court may make a witness protection order if satisfied\nthat—\n(a) the person named in the application as a witness—\n(i) was a witness to or has knowledge of an offence punishable\nby imprisonment for longer than 12 months and is or has\nbeen a witness in a criminal proceeding relating to the\noffence; or\n\nProtecting witnesses from identification Part 3\nSection 9\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) is a person who, because of his or her relationship to, or\nassociation with, a person to whom subparagraph (i)\napplies may require protection or other assistance under\nthis Act; and\n(b) the life or safety of the person may be endangered as a result of\nthe person being a witness; and\n(c) a memorandum of understanding in accordance with the\nCommonwealth Act, section 9 has been entered into between the\nwitness and chief police officer; and\n(d) the person is likely to comply with the memorandum of\nunderstanding.\n9 Court proceedings under pt 3 to be closed to public\nThe hearing of an application under this part is not open to the public.\n10 Effect of witness protection order\nOn the making of a witness protection order of the kind mentioned in\nsection 7 (1) (a)—\n(a) a person authorised to do so by the order may make any entries\nin the register that are necessary to give effect to the order; and\n(b) the registrar-general is required to give to the person access to\nthe register and to give the assistance that the person may\nrequire; and\n(c) the chief police officer must maintain records showing details of\nthe original birth entry or the original marriage, civil union or\ncivil partnership entry of each person in relation to whom an\nentry is made under paragraph (a).\n\nPart 3 Protecting witnesses from identification\nSection 11\npage 8 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Effect of entries made in the register\n(1) An entry made in the register under this Act has effect as if it were an\nentry made under the Births, Deaths and Marriages Registration Act\n1997.\n(2) However, an entry made in the register under this Act may only be\ncancelled by the registrar-general if the Supreme Court, after being\nsatisfied that the witness is no longer included in the witness\nprotection program, has made an order on the application of the chief\npolice officer directing that the entry be cancelled.\n12 Offences in relation to documents\nWhile an entry made under this Act in the register continues in force,\na person in relation to whom the entry is made must not use or obtain\nany document issued by the registrar-general that is based on the\nprevious entry.\nMaximum penalty: 50 penalty units.\n13 Information not to be disclosed\n(1) A person must not, either directly or indirectly, make a record of,\ndisclose, or communicate to another person any information relating\nto the making of an entry under this Act in the register, unless it is\nnecessary to do so—\n(a) for this Act; or\n(b) for the purposes of an investigation by the ombudsman; or\n(c) to comply with an order of the Supreme Court.\nMaximum penalty: imprisonment for 10 years.\n(2) Despite subsection (1), the chief police officer may disclose the\nformer identity of a participant or former participant for the purpose\nof obtaining documents relating to the new identity of the participant\nor former participant.\n\nProtecting witnesses from identification Part 3\nSection 14\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Nondisclosure of former identity of participant\n(1) If—\n(a) a participant who has been provided with a new identity under\nthe witness protection program would, apart from this section,\nbe required by or under a territory law to disclose his or her\nformer identity for a particular purpose; and\n(b) the chief police officer has given the participant permission, in\nwriting, not to disclose his or her former identity for that\npurpose;\nthe participant is not required to disclose his or her former identity to\nany person for that purpose.\n(2) If a participant has been given permission under subsection (1) not to\ndisclose his or her former identity for a particular purpose, it is lawful\nfor the participant, in any proceedings or for any purpose, under or in\nrelation to the relevant territory law to claim that his or her new\nidentity is his or her only identity.\n(3) It is the duty of each person who is or has been associated with the\nadministration of the witness protection program and who has\nobtained access to information or a document relevant to the witness\nprotection program not to disclose that information or publish that\ndocument except as authorised by the chief police officer.\n(4) If, under a complementary witness protection law of the\nCommonwealth, a State or another Territory, it is lawful for a\nparticipant not to disclose his or her former identity for a purpose\napproved by the chief police officer, the participant is not required to\ndisclose his or her former identity to another person for that purpose.\n(5) In this section:\nparticipant includes a person who—\n(a) was provided with a new identity under the witness protection\nprogram; and\n\nPart 3 Protecting witnesses from identification\nSection 15\npage 10 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) is no longer a participant but keeps that identity.\n15 Requirement if participant becomes witness in criminal\nproceeding\n(1) If—\n(a) a participant is provided with a new identity under the witness\nprotection program; and\n(b) the person, whether or not the person remains a participant,\nkeeps that identity; and\n(c) the person is to be a witness in a criminal proceeding under that\nidentity; and\n(d) the person has a criminal record under his or her former identity;\nthe person must notify the chief police officer that the person is to be\na witness in the proceeding.\n(2) After being notified under subsection (1), the chief police officer may\ntake any action the chief police officer considers appropriate in the\ncircumstances, including disclosing to the Supreme Court, the\nprosecutor and the accused person or the accused person’s lawyer the\ncriminal record of the participant or former participant.\n16 Identity of participant not to be disclosed in legal\nproceeding\n(1) If, in any proceeding in a court, a tribunal or a royal commission or\nboard of inquiry, the identity of a participant is in issue or may be\ndisclosed, the court, tribunal, commission or inquiry must, unless it\nconsiders that the interests of justice require otherwise—\n(a) hold that part of the proceeding that relates to the identity of the\nparticipant in private; and\n\nProtecting witnesses from identification Part 3\nSection 17\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) make the order relating to the suppression of publication of\nevidence given before the court, tribunal, commission or inquiry\nthat, in its opinion, will ensure that the identity of the participant\nis not disclosed.\n(2) If in any proceeding in a court, a tribunal or a royal commission or\nboard of inquiry, a participant who has been provided with a new\nidentity under the witness protection program is giving evidence, the\ncourt, tribunal, commission or inquiry may hold that part of the\nproceeding in the absence of the public.\n17 Documentation restrictions\nThe chief police officer must not obtain documentation for a\nparticipant that represents that the participant—\n(a) has a qualification that the participant does not have; or\n(b) is entitled to a benefit that the participant is not entitled to.\n18 Special commercial arrangements by chief police officer\nThe chief police officer may make commercial arrangements with a\nperson under which a participant is able to obtain a benefit under a\ncontract or arrangement without revealing the participant’s former\nidentity.\n19 Dealing with rights and obligations of participant\n(1) If a participant has any outstanding rights or obligations or is subject\nto any restrictions, the chief police officer is to take the steps that are\nreasonably practicable to ensure that—\n(a) those rights or obligations are dealt with according to law; or\n(b) the person complies with the restrictions.\n(2) The steps that may be taken under subsection (1) include—\n(a) providing protection for the participant while the participant is\nattending court; or\n\nPart 3 Protecting witnesses from identification\nSection 20\npage 12 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) notifying a party or possible party to legal proceedings that the\nchief police officer will, on behalf of the participant, accept\nprocess issued by a court, a tribunal or a royal commission or\nboard of inquiry and nominating a police officer for the purpose.\n20 Avoidance of obligations by participant\n(1) If the chief police officer is satisfied that a participant who has been\nprovided with a new identity under the witness protection program is\nusing the new identity—\n(a) to avoid obligations that were incurred before the new identity\nwas established; or\n(b) to avoid complying with restrictions that were imposed on the\nperson before the new identity was established;\nthe chief police officer must give written notice to the participant\nstating that the chief police officer is so satisfied.\n(2) A notice under subsection (1) must also state that, unless the\nparticipant satisfies the chief police officer that the obligations will\nbe dealt with according to law or the restrictions will be complied\nwith, the chief police officer will take the action that the chief police\nofficer considers reasonably necessary to ensure that they are dealt\nwith according to law or complied with.\n(3) The action that may be taken under subsection (2) includes informing\na person who is seeking to enforce rights against the participant of the\ndetails of any property (whether real or personal) owned by the\nparticipant under the participant’s former identity.\n\nMiscellaneous Part 4\nSection 21\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n21 Offence—disclosures about participants\nA person must not, except in accordance with this Act or a\ncomplementary witness protection law, disclose information—\n(a) about the identity or location of a person who is or has been—\n(i) a participant; or\n(ii) a person on a witness protection program conducted by the\nCommonwealth, a State or another Territory under a\ncomplementary witness protection law; or\n(b) that compromises the security of such a person.\nMaximum penalty: imprisonment for 10 years.\n22 Offence—disclosures by participants\n(1) Subject to subsection (2), a participant or a former participant must\nnot, either directly or indirectly, disclose or communicate to another\nperson—\n(a) the fact that he or she or a member of his or her family has\nentered a memorandum of understanding under the\nCommonwealth Act, section 9; or\n(b) details of the memorandum of understanding; or\n(c) information relating to anything done by the chief police officer\nor another police officer under this Act; or\n(d) information about any police officer gained by the person as a\nresult of anything done under this Act.\nMaximum penalty: imprisonment for 5 years.\n\nPart 4 Miscellaneous\nSection 23\npage 14 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section does not apply to a disclosure or communication—\n(a) that has been authorised by the chief police officer; or\n(b) that is necessary for the purposes of an investigation by the\nombudsman; or\n(c) that is necessary to comply with an order of the Supreme Court.\n23 Certain people not to be required to disclose information\n(1) This section applies to a person who is or has been—\n(a) the chief police officer; or\n(b) any other police officer; or\n(c) the registrar or the registrar-general; or\n(d) a person employed in the administration of the Registration of\nBirths, Deaths and Marriages Act 1963 or the Births, Deaths\nand Marriages Registration Act 1997; or\n(e) the ombudsman; or\n(f) a member of the staff of the ombudsman; or\n(g) an approved authority; or\n(h) a member of the staff of an approved authority.\n(2) Unless the Supreme Court makes an order that provides to the\ncontrary, or the proceedings relate to an offence under this Act, a\nperson to whom this section applies cannot be required in any\nproceedings in a court, a tribunal or a royal commission or board of\ninquiry to produce any document or to divulge or communicate any\nmatter or thing relating to the exercise of his or her duties in\naccordance with this Act.\n\nMiscellaneous Part 4\nSection 24\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Restriction on issue of territory identity documents\n(1) Territory identity documents must not be issued for a person who is\non a witness protection program being conducted by the\nCommonwealth, a State or another Territory unless—\n(a) an arrangement is in force between the Minister and the relevant\nCommonwealth, State or other Territory Minister relating to the\nissue of territory identity documents for the purposes of that\nprogram; and\n(b) a complementary witness protection law is in force in the\nCommonwealth, State or another Territory.\n(2) Without limiting the matters to which such an arrangement may\nrelate, an arrangement may relate to—\n(a) the procedures to be adopted for requesting the issue of territory\nidentity documents for the purposes of the program; and\n(b) guidelines for the issue of those documents and other\ndocuments.\n25 Arrangements with approved authorities\n(1) The chief police officer may make arrangements with an approved\nauthority about any matter in connection with the administration of a\ncomplementary witness protection law.\n(2) Without limiting the coverage of the arrangements mentioned in\nsubsection (1), the arrangements—\n(a) may provide for the chief police officer or another police officer\nto exercise functions given by a complementary witness\nprotection law; and\n(b) must include procedures under which the authority shares with\nthe Territory the costs incurred under those arrangements; and\n\nPart 4 Miscellaneous\nSection 26\npage 16 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) may provide for the authority to make available to the chief\npolice officer the statements, transcripts of evidence and other\ndocuments that will assist the chief police officer in deciding—\n(i) whether to provide protection or assistance to a person\nunder this Act; and\n(ii) what protection and assistance are appropriate for a person;\nand\n(d) may give functions under complementary witness protection\nlaws to the chief police officer.\n26 Authorisation of approved authorities\n(1) The Minister may authorise an approved authority to exercise\nfunctions given to the chief police officer under this Act for the\npurposes of any arrangement entered into by the chief police officer\nunder section 25 or the corresponding provision of a complementary\nwitness protection law.\n(2) An authorisation is a notifiable instrument.\n27 Protection from liability\n(1) A person is not personally liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act (see Legislation Act, s 104).\n(2) Any liability that would, apart from this section, attach to the person\nattaches instead to the Territory.\n(3) In this section:\nconduct means an act or an omission to do an act.\n\nMiscellaneous Part 4\nSection 28\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Proceedings for offence\nAn offence against this Act, except section 21, is punishable on\nsummary conviction.\n29 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n30 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\npage 18 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• chief police officer\n• civil partnership\n• civil union\n• Commonwealth\n• Minister (see s 162)\n• ombudsman\n• proceeding\n• registrar-general.\napproved authority means—\n(a) the commissioner of police; or\n(b) a commissioner (however designated) of the police force or\nservice of a State or another Territory; or\n(c) the chief executive officer of the Australian Crime Commission;\nor\n(d) an authority or body of the Commonwealth, a State or another\nTerritory that—\n(i) is authorised to conduct inquiries or investigations in\nrelation to conduct that is, or is alleged to be, criminal\nconduct, misconduct or corruption; and\n(ii) is declared under section 3A (Declaration of approved\nauthority) to be an approved authority for this Act.\nCommonwealth Act means the Witness Protection Act 1994 (Cwlth).\n\nDictionary\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncomplementary witness protection law means a law of the\nCommonwealth, a State or another Territory that—\n(a) makes provision for the protection of witnesses; and\n(b) is declared under section 3B (Declaration of complementary\nwitness protection law) to be a complementary witness\nprotection law.\ndesignated position means a position of a police officer that has been\ndeclared in writing by the chief police officer to be a designated\nposition for this Act.\nparticipant means a witness who is included in a witness protection\nprogram.\nregister—see the Births, Deaths and Marriages Registration\nAct 1997, dictionary.\nwitness means—\n(a) a person who has given, or agreed to give, evidence on behalf of\nthe prosecution in—\n(i) a proceeding for an offence; or\n(ii) hearings or proceedings before an authority to which this\nparagraph applies because of a declaration under\nsection 3C; or\n(b) a person who has given, or agreed to give, evidence otherwise\nthan as mentioned in paragraph (a) in relation to the commission\nor possible commission of an offence against a law of the\nTerritory, the Commonwealth, a State or another Territory; or\n(c) a person who has made a statement to the chief police officer,\nanother police officer or an approved authority in relation to an\noffence against a law of the Territory, the Commonwealth, a\nState or another Territory; or\n(d) a person who, for any other reason, may require protection or\nother assistance under this Act; or\n\nDictionary\npage 20 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) a person who, because of his or her relationship to, or association\nwith, a person mentioned in paragraph (a) to (d) may require\nprotection or other assistance under the witness protection\nprogram.\nwitness protection order means an order of the Supreme Court under\npart 3 (Protecting witnesses from identification).\nwitness protection program means the national witness protection\nprogram established under the Commonwealth Act.\n\nEndnotes\nAbout the endnotes 1\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 22 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nWitness Protection Act 1996 A1996-65\nnotified 3 December 1996 (Gaz 1996 No S321)\ns 1, s 2 commenced 3 December 1996 (s 2 (1))\nremainder commenced 3 June 1997 (s 2 (3))\nas amended by\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nBirths, Deaths and Marriages Registration (Consequential\nProvisions) Act 1997 A1997-113 sch\nnotified 24 December 1997 (Gaz 1997 No S420)\ns 1, s 2 commenced 24 December 1997 (s 2 (1))\nsch commenced 24 June 1998 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 417\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 417 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nAustralian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.5\nnotified LR 17 December 2003\ns 1, s 2 commenced 17 December 2003 (LA s 75 (1))\nsch 1 pt 1.5 commenced 17 June 2004 (s 2 and LA s 79)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.30\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.30 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\n\nEndnotes\nLegislation history 3\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.26\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.26 commenced 16 November 2006 (s 2 (1))\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.26\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.26 commenced 19 May 2008 (s 2 and CN2008-8)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.61\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.61 commenced 26 August 2008 (s 2)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.14\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.14 commenced 30 May 2009 (s 2 and CN2009-4)4\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.27\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.27 commenced 11 September 2012 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.25\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.25 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.193\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.193 commenced 5 January 2026 (s 2 (8))\n\nEndnotes\n4 Amendment history\npage 24 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 om A2001-44 amdt 1.4339\nins A2006-42 amdt 3.218\nNotes\ns 3 sub A2006-42 amdt 3.218\ndef approved authority am A2001-44 amdt 1.4340; A2003-58\namdt 1.6\nom A2006-42 amdt 3.218\ndef complimentary witness protection law am A2001-44\namdt 1.4341\nom A2006-42 amdt 3.218\ndef register ins A1997-113 sch\nom A2006-42 amdt 3.218\ndef Register of Births om A1997-113 sch\nom A2006-42 amdt 3.218\ndef Register of Marriages om A1997-113 sch\nom A2006-42 amdt 3.218\ndef Registrar om A1997-113 sch\nom A2006-42 amdt 3.218\ndef witness am A2001-44 amdt 1.4342\nom A2006-42 amdt 3.218\nDeclaration of approved authority\ns 3A ins A2001-44 amdt 1.4343\nam A2006-42 amdt 3.223; A2025-29 amdt 4.196\nDeclaration of complementary witness protection law\ns 3B ins A2001-44 amdt 1.4343\nam A2006-42 amdt 3.223; A2025-29 amdt 4.196\nDeclaration of authority—dict, def witness\ns 3C ins A2001-44 amdt 1.4343\nsub A2006-42 amdt 3.219\nam A2025-29 amdt 4.196\nApplication for court order\ns 7 am A1997-113 sch; A2006-42 amdt 3.224\nPower of Supreme Court to make order\ns 8 am A2006-42 amdt 3.224; A2008-44 amdt 1.97\n\nEndnotes\nAmendment history 4\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEffect of witness protection order\ns 10 am A1997-113 sch; A2006-22 amdt 1.145 (A2006-22 rep\nbefore commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.100; A2012-40 amdt 3.124;\nA2013-39 amdt 2.72 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013] HCA\n55))\nEffect of entries made in the register\ns 11 sub A1997-113 sch\nam A2006-42 amdt 3.224\nOffences in relation to documents\ns 12 am A1997-113 sch\nInformation not to be disclosed\ns 13 am A1997-113 sch; A2006-42 amdt 3.224\nNon-disclosure of former identity of participant\ns 14 am A2001-44 amdts 1.4344-1.4346; ss renum R2 LA (see\nA2001-44 amdt 1.4347); A2025-29 amdt 4.196\nRequirement if participant becomes witness in criminal proceeding\ns 15 am A1997-96 sch 1; A2006-42 amdt 3.224\nOffence—disclosures by participants\ns 22 am A2006-42 amdt 3.224\nCertain people not to be required to disclose information\ns 23 am A1997-113 sch; A2006-42 amdt 3.224\nAuthorisation of approved authorities\ns 26 am A2001-44 amdt 1.4348, amdt 1.4349; A2006-42\namdt 3.223; A2025-29 amdt 4.196\nProtection from liability\ns 27 am A2006-42 amdt 3.220, amdt 3.221\nsub A2008-28 amdt 3.174\nApproved forms\ns 29 sub A2001-44 amdt 1.4350\nam A2006-42 amdt 3.223; A2025-29 amdt 4.196\nRegulation-making power\ns 30 ins A2001-44 amdt 1.4350\nam A2025-29 amdt 4.196\n\nEndnotes\n4 Amendment history\npage 26 Witness Protection Act 1996\nEffective: 05/01/26\nR10\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2006-42 amdt 3.222\nam A2008-14 amdt 1.101; A2012-40 amdt 3.125; A2013-39\namdt 2.73, amdt 2.74 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013] HCA\n55))\ndef approved authority ins A2006-42 amdt 3.222\ndef Commonwealth Act ins A2006-42 amdt 3.222\ndef complementary witness protection law ins A2006-42\namdt 3.222\ndef designated position ins A2006-42 amdt 3.222\ndef participant ins A2006-42 amdt 3.222\ndef register ins A2006-42 amdt 3.222\ndef witness ins A2006-42 amdt 3.222\ndef witness protection order ins A2006-42 amdt 3.222\ndef witness protection program ins A2006-42 amdt 3.222\n\nEndnotes\nEarlier republications 5\nR10\n05/01/26\nWitness Protection Act 1996\nEffective: 05/01/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n24 June 1998\n24 June 1998–\n11 Sept 2001\nA1997-113 new Act and\namendments by\nA1997-96 and\nA1997-113\nR1 (RI)\n24 June 1998\n24 June 1998–\n11 Sept 2001\nA1997-113 reissue of printed\nversion\nR2\n20 June 2002\n12 Sept 2001–\n16 June 2004\nA2001-44 amendments by\nA2001-44\nR3\n17 June 2004\n17 June 2004–\n15 Nov 2006\nA2003-58 amendments by\nA2003-58\nR4\n16 Nov 2006\n16 Nov 2006–\n18 May 2008\nA2006-42 amendments by\nA2006-42\nR5\n19 May 2008\n19 May 2008-\n25 Aug 2008\nA2008-14 amendments by\nA2008-14\nR6\n26 Aug 2008\n26 Aug 2008–\n29 May 2009\nA2008-28 amendments by\nA2008-28\nR7\n30 May 2009\n30 May 2009–\n10 Sept 2012\nA2008-44 amendments by\nA2008-44\nR8\n11 Sept 2012\n11 Sept 2012–\n6 Nov 2013\nA2012-40 amendments by\nA2012-40\nR9\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nR9 (RI)\n24 Feb 2014\n7 Nov 2013–\n4 Jan 2026\nA2013-39 (never\neffective)\nreissued because\nof High Court\ndecision in relation\nto A2013-39\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since the original Act the scope has been expanded to create formal cross‑jurisdictional machinery and closer alignment with the Commonwealth program (notably by importing the Commonwealth assessment process in s5 and adding declaration powers at ss3A–3C). Amendments also added operational tools (commercial arrangements s18, cost‑sharing s25), stronger confidentiality and offence provisions (ss13, 21–22), and liability allocation to the Territory (s27). The amendment history records these changes (see endnotes and amendment notes for A2001‑44, A2006‑42 and A2025‑29)."},"complexity_factors":["Cross‑jurisdictional dependencies: the Act incorporates procedures in the Commonwealth Witness Protection Act and allows the Minister to declare complementary laws and approved authorities, creating reliance on external statutes and instruments (see s5; ss 3A–3C).","Broad administrative discretion: the chief police officer may take any action considered \"necessary and reasonable\" to protect a witness, including identity creation and relocation, which requires substantial operational judgment (see s4(1)–(2)).","Judicial intervention to alter identity records: Supreme Court orders are required to authorise register entries and cancellations, involving evidentiary showings and closed hearings (see ss7–11; s9).","Strict confidentiality regime and high penalties: wide criminal prohibitions on disclosing information about register entries and participant identities with penalties up to 10 years’ imprisonment, but with limited statutory exceptions (see ss13, 21, 22).","Interaction with civil and criminal obligations: participants can be excused from disclosing former identities in many Territory contexts (s14) but must notify the chief police officer if they will give evidence and have relevant prior records (s15), creating compliance and disclosure trade‑offs.","Operational and administrative complexity: provisions allow commercial arrangements, cost‑sharing with approved authorities, authorised use of assumed names by officers, and supply of documents—each requiring procedural frameworks and forms (see ss18, 25(2)(b), 4(2)(f), 29).","Limits on identity documentation: restrictions on issuing Territory identity documents without specific inter‑governmental arrangements add procedural constraints (see s24).","Liability and indemnity allocation: personal protection from liability for honest, non‑reckless conduct transfers residual liability to the Territory, affecting risk allocation for officials (see s27).","Use of notifiable instruments and approved forms: multiple delegations and declarations (approved authorities, authorisations, forms) increase regulatory detail managed outside the primary Act (see ss3A–3C, 26, 29)."],"plain_english_summary":"This Act enables the chief police officer to include people in the national witness protection program and to take practical steps—such as creating new identities, relocating witnesses, arranging documents and providing financial or accommodation support—to protect their safety. It lets the Supreme Court authorise register changes (births/marriages), creates strict non‑disclosure offences, and provides for cross‑jurisdictional arrangements with Commonwealth, State and Territory authorities to operate and fund protection measures."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a witness protection program for the ACT. While it has been amended multiple times since 1996 (including updates for civil unions/partnerships and legislative drafting modernisation), these changes represent technical updates and alignment with evolving social structures rather than scope creep. The core mechanism—protecting witnesses through identity change and relocation—has remained consistent."},"complexity_factors":["Moderate cross-referencing with the Commonwealth Witness Protection Act 1994 (Cwlth) – the ACT Act adopts the Commonwealth assessment procedures wholesale via section 5","Multiple declaration mechanisms requiring Ministerial action (sections 3A, 3B, 3C) that create dynamic legal categories ('approved authority', 'complementary witness protection law')","Signpost definitions in the Dictionary that point to other Acts (e.g., 'register' defined in Births, Deaths and Marriages Registration Act 1997)","Conditional non-disclosure rules with specific exceptions (sections 13, 14, 21, 22) creating layered secrecy obligations","Interaction between Territory and Commonwealth jurisdictions regarding identity documents and witness transfers","Approximately 12 defined terms in the Dictionary plus references to Legislation Act definitions"],"plain_english_summary":"This Act establishes an ACT witness protection program run by the chief police officer to protect people (and their close associates) at risk because they’ve given or will give evidence or assisted police. It authorises new identities, official documents, relocation and financial support, and strong confidentiality and legal recognition of the new identity, with crimes and penalties for unlawful disclosure. The scheme works alongside Commonwealth and other state/territory programs."}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-act-1996","history":"/api/acts/witness-protection-act-1996/history","analysis":"/api/acts/witness-protection-act-1996/analysis","conflicts":"/api/acts/witness-protection-act-1996/conflicts","importantCases":"/api/acts/witness-protection-act-1996/important-cases","documents":"/api/acts/witness-protection-act-1996/documents"}}