{"id":"qld:act-2000-056","name":"Witness Protection Act 2000","slug":"witness-protection-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"56 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104635,"registerId":"qld-act-2000-056-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Witness Protection Act 2000 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines terms used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds State, Commonwealth and other States","content":"### sec.4 Act binds State, Commonwealth and other States\n\nThis Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Witness protection program","content":"# Witness protection program","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Witness protection program","content":"### sec.5 Witness protection program\n\nThe witness protection program is a program, run by the commission, to provide witness protection for—\npersons included in the program under this Act; and\npersons who are being protected under a witness protection program under a complementary witness protection law.\ns 5 amd 2001 No. 69 s 378 sch 1\n- (a) persons included in the program under this Act; and\n- (b) persons who are being protected under a witness protection program under a complementary witness protection law.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Person may be included in program","content":"### sec.6 Person may be included in program\n\nThe chairperson may include a person in the program on the chairperson’s own initiative, or on the application of a law enforcement agency, if the chairperson considers—\nthe person needs protection from a danger arising—\nbecause the person has helped, or is helping, a law enforcement agency in the performance of its functions; or\nbecause of the person’s relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions; and\nit is appropriate to include the person in the program.\na family member or an associate of a person who has helped a law enforcement agency in a criminal investigation\nAn application of a law enforcement agency other than the commission may be signed by the agency’s chief executive officer or an officer authorised by the agency’s chief executive officer to sign the application.\nIn deciding whether to include the person in the program, the chairperson must have regard to the following—\nthe person’s criminal history;\nmedical, psychiatric or psychological information about the person made available to the chairperson with the person’s consent or under an arrangement under section 40 ;\nif the person has helped, or is helping, a law enforcement agency in the performance of its functions—the seriousness of any offence in relation to which the person has given, or is giving help;\nthe extent of the help the person can offer, or has offered;\nany other available way of protecting the person;\nthe nature of any threat to the person considered by the person or the chairperson to exist;\nwhether the person has applied previously for protection under any of the following and, if the person was given protection, the nature of the protection and the circumstances in which the protection ended—\nthis Act;\nthe Criminal Justice Act 1989 or the Crime and Corruption Act 2001 ;\na corresponding witness protection law;\nany information disclosed to the chairperson of a type required under a regulation.\nThe chairperson must not include the person in the program—\nif the chairperson considers there is not enough information available to the chairperson to decide whether to include the person in the program; or\nas a reward for giving evidence or making a statement.\nIf the chairperson decides not to include the person in the program, the chairperson must notify the person of the decision.\nFor how notice may be given, see section 46 .\ns 6 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.6-ssec.1) The chairperson may include a person in the program on the chairperson’s own initiative, or on the application of a law enforcement agency, if the chairperson considers— the person needs protection from a danger arising— because the person has helped, or is helping, a law enforcement agency in the performance of its functions; or because of the person’s relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions; and it is appropriate to include the person in the program. a family member or an associate of a person who has helped a law enforcement agency in a criminal investigation\n(sec.6-ssec.2) An application of a law enforcement agency other than the commission may be signed by the agency’s chief executive officer or an officer authorised by the agency’s chief executive officer to sign the application.\n(sec.6-ssec.3) In deciding whether to include the person in the program, the chairperson must have regard to the following— the person’s criminal history; medical, psychiatric or psychological information about the person made available to the chairperson with the person’s consent or under an arrangement under section 40 ; if the person has helped, or is helping, a law enforcement agency in the performance of its functions—the seriousness of any offence in relation to which the person has given, or is giving help; the extent of the help the person can offer, or has offered; any other available way of protecting the person; the nature of any threat to the person considered by the person or the chairperson to exist; whether the person has applied previously for protection under any of the following and, if the person was given protection, the nature of the protection and the circumstances in which the protection ended— this Act; the Criminal Justice Act 1989 or the Crime and Corruption Act 2001 ; a corresponding witness protection law; any information disclosed to the chairperson of a type required under a regulation.\n(sec.6-ssec.4) The chairperson must not include the person in the program— if the chairperson considers there is not enough information available to the chairperson to decide whether to include the person in the program; or as a reward for giving evidence or making a statement.\n(sec.6-ssec.5) If the chairperson decides not to include the person in the program, the chairperson must notify the person of the decision. For how notice may be given, see section 46 .\n- (a) the person needs protection from a danger arising— (i) because the person has helped, or is helping, a law enforcement agency in the performance of its functions; or (ii) because of the person’s relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions; and\n- (i) because the person has helped, or is helping, a law enforcement agency in the performance of its functions; or\n- (ii) because of the person’s relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions; and\n- (b) it is appropriate to include the person in the program. Example for paragraph (a) (ii) — a family member or an associate of a person who has helped a law enforcement agency in a criminal investigation\n- (i) because the person has helped, or is helping, a law enforcement agency in the performance of its functions; or\n- (ii) because of the person’s relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions; and\n- (a) the person’s criminal history;\n- (b) medical, psychiatric or psychological information about the person made available to the chairperson with the person’s consent or under an arrangement under section 40 ;\n- (c) if the person has helped, or is helping, a law enforcement agency in the performance of its functions—the seriousness of any offence in relation to which the person has given, or is giving help;\n- (d) the extent of the help the person can offer, or has offered;\n- (e) any other available way of protecting the person;\n- (f) the nature of any threat to the person considered by the person or the chairperson to exist;\n- (g) whether the person has applied previously for protection under any of the following and, if the person was given protection, the nature of the protection and the circumstances in which the protection ended— (i) this Act; (ii) the Criminal Justice Act 1989 or the Crime and Corruption Act 2001 ; (iii) a corresponding witness protection law;\n- (i) this Act;\n- (ii) the Criminal Justice Act 1989 or the Crime and Corruption Act 2001 ;\n- (iii) a corresponding witness protection law;\n- (h) any information disclosed to the chairperson of a type required under a regulation.\n- (i) this Act;\n- (ii) the Criminal Justice Act 1989 or the Crime and Corruption Act 2001 ;\n- (iii) a corresponding witness protection law;\n- (a) if the chairperson considers there is not enough information available to the chairperson to decide whether to include the person in the program; or\n- (b) as a reward for giving evidence or making a statement.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Protection agreement","content":"### sec.7 Protection agreement\n\nIf the chairperson decides to include a person in the program, the chairperson must prepare an agreement ( protection agreement ) about the person’s inclusion in the program.\nThe person must sign the protection agreement in the presence of a witness protection officer.\nFor who can sign documents for a minor or an adult with impaired capacity, see section 47 .\nThe person is included in the program and becomes a protected witness when the protection agreement has been signed by the chairperson and the person.\nAs soon as practicable after the protection agreement has been signed by the protected witness and the chairperson, the chairperson must—\nif the protected witness signed the agreement personally—notify the protected witness of his or her inclusion in the program; or\notherwise—notify the person who signed the agreement for the protected witness of the inclusion of the protected witness in the program.\ns 7 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.7-ssec.1) If the chairperson decides to include a person in the program, the chairperson must prepare an agreement ( protection agreement ) about the person’s inclusion in the program.\n(sec.7-ssec.2) The person must sign the protection agreement in the presence of a witness protection officer. For who can sign documents for a minor or an adult with impaired capacity, see section 47 .\n(sec.7-ssec.3) The person is included in the program and becomes a protected witness when the protection agreement has been signed by the chairperson and the person.\n(sec.7-ssec.4) As soon as practicable after the protection agreement has been signed by the protected witness and the chairperson, the chairperson must— if the protected witness signed the agreement personally—notify the protected witness of his or her inclusion in the program; or otherwise—notify the person who signed the agreement for the protected witness of the inclusion of the protected witness in the program.\n- (a) if the protected witness signed the agreement personally—notify the protected witness of his or her inclusion in the program; or\n- (b) otherwise—notify the person who signed the agreement for the protected witness of the inclusion of the protected witness in the program.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Content of protection agreement","content":"### sec.8 Content of protection agreement\n\nA protection agreement must include a condition ( mandatory condition ) to the effect that the chairperson may, under section 14 , end a person’s involvement in the program as a protected witness if the person contravenes a termination condition.\nA protection agreement may include other conditions the chairperson considers appropriate including, but not limited to, the following conditions—\na condition that the person must not—\ncontravene a law of the Commonwealth or of a State; or\nengage in a stated kind of activity; or\nthreaten the integrity of the program; or\ndirectly or indirectly threaten the security, or any other aspect of, the protection or help being given to the person;\na condition that the person must comply with all reasonable directions of the chairperson about the protection and help given to the person;\na condition that the person will, if required by the chairperson, undergo any of the following and make the results available to the chairperson—\nmedical, psychological or psychiatric tests or examinations;\ndrug or alcohol counselling or treatment;\na condition about the issue and surrender of passports and other documents relating to the person’s identity including, if the person is given a new identity under this Act, documents relating to the person’s new identity;\na condition that, while the person is included in the program, the person will disclose to the chairperson details of—\nany criminal charges made against the person; and\nany civil proceeding, including any bankruptcy proceeding, started against the person;\na condition that, if the person intends to marry and adopt a new name on marriage, the person will inform the chairperson of the person’s intention to marry, before marrying;\na condition that the person must notify the chairperson that the person is or may be required to give evidence in a proceeding.\nIn addition, a protection agreement may include 1 or more of the following—\na list of any aliases the person uses, or has used;\na list of the person’s outstanding legal obligations, including, for example, family and taxation obligations;\nan agreement about how obligations mentioned in paragraph (b) are to be met;\na financial support arrangement;\ndetails of marriage, family, taxation, welfare and other domestic or relationship obligations.\ns 8 amd 2006 No. 41 s 54 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.8-ssec.1) A protection agreement must include a condition ( mandatory condition ) to the effect that the chairperson may, under section 14 , end a person’s involvement in the program as a protected witness if the person contravenes a termination condition.\n(sec.8-ssec.2) A protection agreement may include other conditions the chairperson considers appropriate including, but not limited to, the following conditions— a condition that the person must not— contravene a law of the Commonwealth or of a State; or engage in a stated kind of activity; or threaten the integrity of the program; or directly or indirectly threaten the security, or any other aspect of, the protection or help being given to the person; a condition that the person must comply with all reasonable directions of the chairperson about the protection and help given to the person; a condition that the person will, if required by the chairperson, undergo any of the following and make the results available to the chairperson— medical, psychological or psychiatric tests or examinations; drug or alcohol counselling or treatment; a condition about the issue and surrender of passports and other documents relating to the person’s identity including, if the person is given a new identity under this Act, documents relating to the person’s new identity; a condition that, while the person is included in the program, the person will disclose to the chairperson details of— any criminal charges made against the person; and any civil proceeding, including any bankruptcy proceeding, started against the person; a condition that, if the person intends to marry and adopt a new name on marriage, the person will inform the chairperson of the person’s intention to marry, before marrying; a condition that the person must notify the chairperson that the person is or may be required to give evidence in a proceeding.\n(sec.8-ssec.3) In addition, a protection agreement may include 1 or more of the following— a list of any aliases the person uses, or has used; a list of the person’s outstanding legal obligations, including, for example, family and taxation obligations; an agreement about how obligations mentioned in paragraph (b) are to be met; a financial support arrangement; details of marriage, family, taxation, welfare and other domestic or relationship obligations.\n- (a) a condition that the person must not— (i) contravene a law of the Commonwealth or of a State; or (ii) engage in a stated kind of activity; or (iii) threaten the integrity of the program; or (iv) directly or indirectly threaten the security, or any other aspect of, the protection or help being given to the person;\n- (i) contravene a law of the Commonwealth or of a State; or\n- (ii) engage in a stated kind of activity; or\n- (iii) threaten the integrity of the program; or\n- (iv) directly or indirectly threaten the security, or any other aspect of, the protection or help being given to the person;\n- (b) a condition that the person must comply with all reasonable directions of the chairperson about the protection and help given to the person;\n- (c) a condition that the person will, if required by the chairperson, undergo any of the following and make the results available to the chairperson— (i) medical, psychological or psychiatric tests or examinations; (ii) drug or alcohol counselling or treatment;\n- (i) medical, psychological or psychiatric tests or examinations;\n- (ii) drug or alcohol counselling or treatment;\n- (d) a condition about the issue and surrender of passports and other documents relating to the person’s identity including, if the person is given a new identity under this Act, documents relating to the person’s new identity;\n- (e) a condition that, while the person is included in the program, the person will disclose to the chairperson details of— (i) any criminal charges made against the person; and (ii) any civil proceeding, including any bankruptcy proceeding, started against the person;\n- (i) any criminal charges made against the person; and\n- (ii) any civil proceeding, including any bankruptcy proceeding, started against the person;\n- (f) a condition that, if the person intends to marry and adopt a new name on marriage, the person will inform the chairperson of the person’s intention to marry, before marrying;\n- (g) a condition that the person must notify the chairperson that the person is or may be required to give evidence in a proceeding.\n- (i) contravene a law of the Commonwealth or of a State; or\n- (ii) engage in a stated kind of activity; or\n- (iii) threaten the integrity of the program; or\n- (iv) directly or indirectly threaten the security, or any other aspect of, the protection or help being given to the person;\n- (i) medical, psychological or psychiatric tests or examinations;\n- (ii) drug or alcohol counselling or treatment;\n- (i) any criminal charges made against the person; and\n- (ii) any civil proceeding, including any bankruptcy proceeding, started against the person;\n- (a) a list of any aliases the person uses, or has used;\n- (b) a list of the person’s outstanding legal obligations, including, for example, family and taxation obligations;\n- (c) an agreement about how obligations mentioned in paragraph (b) are to be met;\n- (d) a financial support arrangement;\n- (e) details of marriage, family, taxation, welfare and other domestic or relationship obligations.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Interim protection","content":"### sec.9 Interim protection\n\nThis section applies if—\nthe chairperson considers a person is in urgent need of the protection available under the program; and\nthe chairperson has not decided whether to include the person in the program.\nThe chairperson may, under section 7 , make a protection agreement ( interim protection agreement ) with the person as if the chairperson had decided to include the person in the program.\nAs soon as practicable after making the interim protection agreement, the chairperson must decide under section 6 whether to include the person in the program.\nIf the chairperson decides to include the person in the program, the chairperson must make a protection agreement with the person under section 7 to replace the interim protection agreement.\nIf the chairperson decides not to include the person in the program, the chairperson must end the protection under the interim protection agreement by notice to the person.\ns 9 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.9-ssec.1) This section applies if— the chairperson considers a person is in urgent need of the protection available under the program; and the chairperson has not decided whether to include the person in the program.\n(sec.9-ssec.2) The chairperson may, under section 7 , make a protection agreement ( interim protection agreement ) with the person as if the chairperson had decided to include the person in the program.\n(sec.9-ssec.3) As soon as practicable after making the interim protection agreement, the chairperson must decide under section 6 whether to include the person in the program.\n(sec.9-ssec.4) If the chairperson decides to include the person in the program, the chairperson must make a protection agreement with the person under section 7 to replace the interim protection agreement.\n(sec.9-ssec.5) If the chairperson decides not to include the person in the program, the chairperson must end the protection under the interim protection agreement by notice to the person.\n- (a) the chairperson considers a person is in urgent need of the protection available under the program; and\n- (b) the chairperson has not decided whether to include the person in the program.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Variation of protection agreement by agreement","content":"### sec.10 Variation of protection agreement by agreement\n\nA protection agreement, including an interim protection agreement, may be varied by agreement ( variation agreement ) between the chairperson and the protected witness under the agreement.\nThe variation agreement must not have the effect of omitting the mandatory condition from the protection agreement.\nThe agreement takes effect on the day stated in the variation agreement or, if no day is stated, the day after the variation agreement is made.\ns 10 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.10-ssec.1) A protection agreement, including an interim protection agreement, may be varied by agreement ( variation agreement ) between the chairperson and the protected witness under the agreement.\n(sec.10-ssec.2) The variation agreement must not have the effect of omitting the mandatory condition from the protection agreement.\n(sec.10-ssec.3) The agreement takes effect on the day stated in the variation agreement or, if no day is stated, the day after the variation agreement is made.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Variation by chairperson of protection agreement","content":"### sec.11 Variation by chairperson of protection agreement\n\nThe chairperson may vary a protection agreement, including an interim protection agreement, other than by agreement with the protected witness under the agreement.\nBefore the chairperson varies the agreement, the chairperson must—\nnotify the protected witness of the proposed variation and the reason for the variation; and\ngive the protected witness a reasonable opportunity to comment on the proposed variation.\nIf, after considering any comments, the chairperson still proposes to vary the agreement, the chairperson may vary the agreement by notice given to the protected witness.\nThe variation must not have the effect of omitting the mandatory condition from the protection agreement.\nThe variation takes effect on the day after the notice is received by the protected witness.\ns 11 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.11-ssec.1) The chairperson may vary a protection agreement, including an interim protection agreement, other than by agreement with the protected witness under the agreement.\n(sec.11-ssec.2) Before the chairperson varies the agreement, the chairperson must— notify the protected witness of the proposed variation and the reason for the variation; and give the protected witness a reasonable opportunity to comment on the proposed variation.\n(sec.11-ssec.3) If, after considering any comments, the chairperson still proposes to vary the agreement, the chairperson may vary the agreement by notice given to the protected witness.\n(sec.11-ssec.4) The variation must not have the effect of omitting the mandatory condition from the protection agreement.\n(sec.11-ssec.5) The variation takes effect on the day after the notice is received by the protected witness.\n- (a) notify the protected witness of the proposed variation and the reason for the variation; and\n- (b) give the protected witness a reasonable opportunity to comment on the proposed variation.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Suspension of protection agreement","content":"### sec.12 Suspension of protection agreement\n\nThis section applies if the chairperson is satisfied that, because of something a protected witness has done or intends to do—\nthe integrity of the program or other witness protection activities of the commission are threatened; or\nThe protected witness discloses information about the methodology of the program or the identity of witness protection officers.\nthe protected witness can not be properly protected under the program.\nThe protected witness may be temporarily in custody in a watch-house.\nThe protected witness may be imprisoned for an offence.\nThe protected witness may intend to travel to a place despite the chairperson having advised the person not to go there because of the risk of harm to the person.\nThe chairperson may suspend the protection agreement for a stated reasonable time by notice given to the protected witness.\nThis section does not limit section 14 .\ns 12 amd 2006 No. 41 s 55 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.12-ssec.1) This section applies if the chairperson is satisfied that, because of something a protected witness has done or intends to do— the integrity of the program or other witness protection activities of the commission are threatened; or The protected witness discloses information about the methodology of the program or the identity of witness protection officers. the protected witness can not be properly protected under the program. The protected witness may be temporarily in custody in a watch-house. The protected witness may be imprisoned for an offence. The protected witness may intend to travel to a place despite the chairperson having advised the person not to go there because of the risk of harm to the person.\n(sec.12-ssec.2) The chairperson may suspend the protection agreement for a stated reasonable time by notice given to the protected witness.\n(sec.12-ssec.3) This section does not limit section 14 .\n- (a) the integrity of the program or other witness protection activities of the commission are threatened; or Example— The protected witness discloses information about the methodology of the program or the identity of witness protection officers.\n- (b) the protected witness can not be properly protected under the program. Examples— 1 The protected witness may be temporarily in custody in a watch-house. 2 The protected witness may be imprisoned for an offence. 3 The protected witness may intend to travel to a place despite the chairperson having advised the person not to go there because of the risk of harm to the person.\n- 1 The protected witness may be temporarily in custody in a watch-house.\n- 2 The protected witness may be imprisoned for an offence.\n- 3 The protected witness may intend to travel to a place despite the chairperson having advised the person not to go there because of the risk of harm to the person.\n- 1 The protected witness may be temporarily in custody in a watch-house.\n- 2 The protected witness may be imprisoned for an offence.\n- 3 The protected witness may intend to travel to a place despite the chairperson having advised the person not to go there because of the risk of harm to the person.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Voluntary withdrawal from program","content":"### sec.13 Voluntary withdrawal from program\n\nA protected witness may withdraw from the program by written or oral notice given to the chairperson.\nIf the notice is given orally, the chairperson must take reasonable steps to have the notice confirmed in writing.\nIf the protected witness is unwilling or unable to confirm the notice in writing, the chairperson must satisfy himself or herself that the oral notice was in fact given by the protected witness.\nIf the chairperson is satisfied the person did give notice of withdrawal from the program, the chairperson may end the protection—\nif the notice was written—on the day stated in the notice or, if no day is stated, the day after the chairperson receives the notice; or\nif the notice was given orally—on the day after the chairperson is satisfied the oral notice was in fact given.\ns 13 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.13-ssec.1) A protected witness may withdraw from the program by written or oral notice given to the chairperson.\n(sec.13-ssec.2) If the notice is given orally, the chairperson must take reasonable steps to have the notice confirmed in writing.\n(sec.13-ssec.3) If the protected witness is unwilling or unable to confirm the notice in writing, the chairperson must satisfy himself or herself that the oral notice was in fact given by the protected witness.\n(sec.13-ssec.4) If the chairperson is satisfied the person did give notice of withdrawal from the program, the chairperson may end the protection— if the notice was written—on the day stated in the notice or, if no day is stated, the day after the chairperson receives the notice; or if the notice was given orally—on the day after the chairperson is satisfied the oral notice was in fact given.\n- (a) if the notice was written—on the day stated in the notice or, if no day is stated, the day after the chairperson receives the notice; or\n- (b) if the notice was given orally—on the day after the chairperson is satisfied the oral notice was in fact given.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"When chairperson may end protection under program","content":"### sec.14 When chairperson may end protection under program\n\nThe chairperson may end the protection of a protected witness if—\nthe chairperson is satisfied—\nthe protected witness has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or\nthe protected witness has contravened a termination condition without reasonable excuse and the contravention is significant; or\nthe protected witness has withdrawn his or her help mentioned in section 6 (1) (a) (i) ; or\nthe chairperson considers it is no longer appropriate for the protected witness to be included in the program, including, for example, because—\nthe integrity of the program or other witness protection activities of the commission are threatened because of something the protected witness has done or intends to do; or\nthe protected witness can not be properly protected under the program because of something the protected witness has done or intends to do.\nBefore ending the protection, the chairperson must take the steps the chairperson considers are reasonably necessary—\nto inform the protected witness—\nwhy it is proposed to end the protection; and\nwhen the protection will end; and\nto give the person a reasonable opportunity to state why the protection should not end.\nAfter considering any response, the chairperson may end the protection on the date stated under subsection (2) (a) (ii) or decide not to end the protection.\nIf—\nthe chairperson ends the protection; and\nthe person acknowledges that the protection has ended; and\nimmediately before the protection ended, the person was receiving financial help under the protection agreement made for the person;\nthe chairperson may, continue to provide financial help to the person for the time the chairperson considers appropriate.\ns 14 amd 2005 No. 45 s 59 sch 2 ; 2006 No. 41 s 56 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14-ssec.1) The chairperson may end the protection of a protected witness if— the chairperson is satisfied— the protected witness has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or the protected witness has contravened a termination condition without reasonable excuse and the contravention is significant; or the protected witness has withdrawn his or her help mentioned in section 6 (1) (a) (i) ; or the chairperson considers it is no longer appropriate for the protected witness to be included in the program, including, for example, because— the integrity of the program or other witness protection activities of the commission are threatened because of something the protected witness has done or intends to do; or the protected witness can not be properly protected under the program because of something the protected witness has done or intends to do.\n(sec.14-ssec.2) Before ending the protection, the chairperson must take the steps the chairperson considers are reasonably necessary— to inform the protected witness— why it is proposed to end the protection; and when the protection will end; and to give the person a reasonable opportunity to state why the protection should not end.\n(sec.14-ssec.3) After considering any response, the chairperson may end the protection on the date stated under subsection (2) (a) (ii) or decide not to end the protection.\n(sec.14-ssec.4) If— the chairperson ends the protection; and the person acknowledges that the protection has ended; and immediately before the protection ended, the person was receiving financial help under the protection agreement made for the person; the chairperson may, continue to provide financial help to the person for the time the chairperson considers appropriate.\n- (a) the chairperson is satisfied— (i) the protected witness has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or (ii) the protected witness has contravened a termination condition without reasonable excuse and the contravention is significant; or (iii) the protected witness has withdrawn his or her help mentioned in section 6 (1) (a) (i) ; or\n- (i) the protected witness has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or\n- (ii) the protected witness has contravened a termination condition without reasonable excuse and the contravention is significant; or\n- (iii) the protected witness has withdrawn his or her help mentioned in section 6 (1) (a) (i) ; or\n- (b) the chairperson considers it is no longer appropriate for the protected witness to be included in the program, including, for example, because— (i) the integrity of the program or other witness protection activities of the commission are threatened because of something the protected witness has done or intends to do; or (ii) the protected witness can not be properly protected under the program because of something the protected witness has done or intends to do.\n- (i) the integrity of the program or other witness protection activities of the commission are threatened because of something the protected witness has done or intends to do; or\n- (ii) the protected witness can not be properly protected under the program because of something the protected witness has done or intends to do.\n- (i) the protected witness has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or\n- (ii) the protected witness has contravened a termination condition without reasonable excuse and the contravention is significant; or\n- (iii) the protected witness has withdrawn his or her help mentioned in section 6 (1) (a) (i) ; or\n- (i) the integrity of the program or other witness protection activities of the commission are threatened because of something the protected witness has done or intends to do; or\n- (ii) the protected witness can not be properly protected under the program because of something the protected witness has done or intends to do.\n- (a) to inform the protected witness— (i) why it is proposed to end the protection; and (ii) when the protection will end; and\n- (i) why it is proposed to end the protection; and\n- (ii) when the protection will end; and\n- (b) to give the person a reasonable opportunity to state why the protection should not end.\n- (i) why it is proposed to end the protection; and\n- (ii) when the protection will end; and\n- (a) the chairperson ends the protection; and\n- (b) the person acknowledges that the protection has ended; and\n- (c) immediately before the protection ended, the person was receiving financial help under the protection agreement made for the person;","sortOrder":15},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Arrangements for short-term protection","content":"# Arrangements for short-term protection","sortOrder":16},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Application of pt 2A","content":"### sec.14A Application of pt 2A\n\nThis part applies to a person if—\nthe person is not included, or being considered for inclusion, in the program; but\nthe chairperson considers—\nthe person needs the type of protection available under the program for a specific purpose and for a specific period because of a danger arising from a circumstance mentioned in subsection (2) ; and\nThe chairperson may consider that a person needs protection to safely attend court to give evidence.\nit is appropriate to provide the protection.\nFor subsection (1) (b) (i) , the circumstances are that the person—\nhas helped, or is helping, a law enforcement agency in the performance of its functions; or\nhas a relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions.\na family member or an associate of a person who has helped a law enforcement agency in a criminal investigation\nIn deciding under subsection (1) (b) (ii) whether it is appropriate to provide the protection, the chairperson—\nmay have regard to any of the matters mentioned in section 6 (3) ; and\nmust consider whether it would be more appropriate to include the person in the program and, if necessary, make an interim protection agreement with the person.\ns 14A ins 2006 No. 41 s 57\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14A-ssec.1) This part applies to a person if— the person is not included, or being considered for inclusion, in the program; but the chairperson considers— the person needs the type of protection available under the program for a specific purpose and for a specific period because of a danger arising from a circumstance mentioned in subsection (2) ; and The chairperson may consider that a person needs protection to safely attend court to give evidence. it is appropriate to provide the protection.\n(sec.14A-ssec.2) For subsection (1) (b) (i) , the circumstances are that the person— has helped, or is helping, a law enforcement agency in the performance of its functions; or has a relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions. a family member or an associate of a person who has helped a law enforcement agency in a criminal investigation\n(sec.14A-ssec.3) In deciding under subsection (1) (b) (ii) whether it is appropriate to provide the protection, the chairperson— may have regard to any of the matters mentioned in section 6 (3) ; and must consider whether it would be more appropriate to include the person in the program and, if necessary, make an interim protection agreement with the person.\n- (a) the person is not included, or being considered for inclusion, in the program; but\n- (b) the chairperson considers— (i) the person needs the type of protection available under the program for a specific purpose and for a specific period because of a danger arising from a circumstance mentioned in subsection (2) ; and Example— The chairperson may consider that a person needs protection to safely attend court to give evidence. (ii) it is appropriate to provide the protection.\n- (i) the person needs the type of protection available under the program for a specific purpose and for a specific period because of a danger arising from a circumstance mentioned in subsection (2) ; and Example— The chairperson may consider that a person needs protection to safely attend court to give evidence.\n- (ii) it is appropriate to provide the protection.\n- (i) the person needs the type of protection available under the program for a specific purpose and for a specific period because of a danger arising from a circumstance mentioned in subsection (2) ; and Example— The chairperson may consider that a person needs protection to safely attend court to give evidence.\n- (ii) it is appropriate to provide the protection.\n- (a) has helped, or is helping, a law enforcement agency in the performance of its functions; or\n- (b) has a relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions. Example for paragraph (b) — a family member or an associate of a person who has helped a law enforcement agency in a criminal investigation\n- (a) may have regard to any of the matters mentioned in section 6 (3) ; and\n- (b) must consider whether it would be more appropriate to include the person in the program and, if necessary, make an interim protection agreement with the person.","sortOrder":17},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Arrangements for short-term protection","content":"### sec.14B Arrangements for short-term protection\n\nThe chairperson may enter into an arrangement for a specific purpose and for a specific period (a short-term protection arrangement ) with a person to whom this part applies.\nThe arrangement must state the purpose and period for which it is made.\nThe arrangement may include conditions of a kind mentioned in section 8 that the chairperson considers appropriate.\nUnless it is sooner ended under section 14E or 14F , the arrangement ends on the day the earlier of the following happens—\nthe purpose is completed;\nthe period ends.\ns 14B ins 2006 No. 41 s 57\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14B-ssec.1) The chairperson may enter into an arrangement for a specific purpose and for a specific period (a short-term protection arrangement ) with a person to whom this part applies.\n(sec.14B-ssec.2) The arrangement must state the purpose and period for which it is made.\n(sec.14B-ssec.3) The arrangement may include conditions of a kind mentioned in section 8 that the chairperson considers appropriate.\n(sec.14B-ssec.4) Unless it is sooner ended under section 14E or 14F , the arrangement ends on the day the earlier of the following happens— the purpose is completed; the period ends.\n- (a) the purpose is completed;\n- (b) the period ends.","sortOrder":18},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Variation of short-term protection arrangement","content":"### sec.14C Variation of short-term protection arrangement\n\nA short-term protection arrangement may be varied—\nby agreement between the chairperson and the person protected under the arrangement (the short-term protected person ); or\nby the chairperson.\nIf the arrangement is varied by agreement, the variation takes effect on the day stated in the agreement or, if no day is stated, the day after the agreement is made.\nHowever, if the chairperson proposes to vary the arrangement without agreement, the chairperson must, before varying the arrangement—\nnotify the short-term protected person of the proposed variation and the reason for the variation; and\ngive the person a reasonable opportunity to comment on the proposed variation.\nIf, after considering any comments, the chairperson still proposes to vary the arrangement, the chairperson may vary the arrangement by notice given to the short-term protected person.\nThe variation takes effect on the day after the notice is received by the short-term protected person.\ns 14C ins 2006 No. 41 s 57\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14C-ssec.1) A short-term protection arrangement may be varied— by agreement between the chairperson and the person protected under the arrangement (the short-term protected person ); or by the chairperson.\n(sec.14C-ssec.2) If the arrangement is varied by agreement, the variation takes effect on the day stated in the agreement or, if no day is stated, the day after the agreement is made.\n(sec.14C-ssec.3) However, if the chairperson proposes to vary the arrangement without agreement, the chairperson must, before varying the arrangement— notify the short-term protected person of the proposed variation and the reason for the variation; and give the person a reasonable opportunity to comment on the proposed variation.\n(sec.14C-ssec.4) If, after considering any comments, the chairperson still proposes to vary the arrangement, the chairperson may vary the arrangement by notice given to the short-term protected person.\n(sec.14C-ssec.5) The variation takes effect on the day after the notice is received by the short-term protected person.\n- (a) by agreement between the chairperson and the person protected under the arrangement (the short-term protected person ); or\n- (b) by the chairperson.\n- (a) notify the short-term protected person of the proposed variation and the reason for the variation; and\n- (b) give the person a reasonable opportunity to comment on the proposed variation.","sortOrder":19},{"sectionNumber":"sec.14D","sectionType":"section","heading":"Suspension of short-term protection arrangement","content":"### sec.14D Suspension of short-term protection arrangement\n\nThis section applies if the chairperson is satisfied that, because of something a short-term protected person has done or intends to do—\nthe integrity of the program or other witness protection activities of the commission are threatened; or\nthe short-term protected person can not be properly protected under the short-term protection arrangement.\nThe chairperson may suspend the short-term protection arrangement for a stated reasonable time by notice given to the short-term protected person.\nThis section does not limit section 14F .\ns 14D ins 2006 No. 41 s 57\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14D-ssec.1) This section applies if the chairperson is satisfied that, because of something a short-term protected person has done or intends to do— the integrity of the program or other witness protection activities of the commission are threatened; or the short-term protected person can not be properly protected under the short-term protection arrangement.\n(sec.14D-ssec.2) The chairperson may suspend the short-term protection arrangement for a stated reasonable time by notice given to the short-term protected person.\n(sec.14D-ssec.3) This section does not limit section 14F .\n- (a) the integrity of the program or other witness protection activities of the commission are threatened; or\n- (b) the short-term protected person can not be properly protected under the short-term protection arrangement.","sortOrder":20},{"sectionNumber":"sec.14E","sectionType":"section","heading":"Voluntary ending of short-term protection arrangement","content":"### sec.14E Voluntary ending of short-term protection arrangement\n\nA short-term protected person may end the person’s short-term protection arrangement by written or oral notice given to the chairperson.\nIf the notice is given orally, the chairperson must take reasonable steps to have the notice confirmed in writing.\nIf the short-term protected person is unwilling or unable to confirm the notice in writing, the chairperson must satisfy himself or herself that the oral notice was in fact given by the person.\nIf the chairperson is satisfied the short-term protected person did give notice of the ending of the arrangement, the chairperson may end the arrangement—\nif the notice was written—on the day stated in the notice or, if no day is stated, the day after the chairperson receives the notice; or\nif the notice was given orally—on the day after the chairperson is satisfied the oral notice was in fact given.\ns 14E ins 2006 No. 41 s 57\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14E-ssec.1) A short-term protected person may end the person’s short-term protection arrangement by written or oral notice given to the chairperson.\n(sec.14E-ssec.2) If the notice is given orally, the chairperson must take reasonable steps to have the notice confirmed in writing.\n(sec.14E-ssec.3) If the short-term protected person is unwilling or unable to confirm the notice in writing, the chairperson must satisfy himself or herself that the oral notice was in fact given by the person.\n(sec.14E-ssec.4) If the chairperson is satisfied the short-term protected person did give notice of the ending of the arrangement, the chairperson may end the arrangement— if the notice was written—on the day stated in the notice or, if no day is stated, the day after the chairperson receives the notice; or if the notice was given orally—on the day after the chairperson is satisfied the oral notice was in fact given.\n- (a) if the notice was written—on the day stated in the notice or, if no day is stated, the day after the chairperson receives the notice; or\n- (b) if the notice was given orally—on the day after the chairperson is satisfied the oral notice was in fact given.","sortOrder":21},{"sectionNumber":"sec.14F","sectionType":"section","heading":"When chairperson may end short-term protection arrangement","content":"### sec.14F When chairperson may end short-term protection arrangement\n\nThe chairperson may end a short-term protection arrangement if—\nthe chairperson is satisfied—\nthe short-term protected person has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or\nthe short-term protected person has, without reasonable excuse, contravened a condition identified in the arrangement as a condition that, if contravened, may result in the ending of the arrangement; or\nthe chairperson considers it is no longer appropriate for the short-term protected person to be protected, including, for example—\nbecause—\nthe integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or\nthe person can not be properly protected under the arrangement because of something the person has done or intends to do; or\nbecause the circumstances, mentioned in section 14A (2) , for which the arrangement was made have changed or no longer exist.\nBefore ending the arrangement, the chairperson must take the steps the chairperson considers are reasonably necessary—\nto inform the short-term protected person—\nwhy it is proposed to end the arrangement; and\nwhen the arrangement will end; and\nto give the short-term protected person a reasonable opportunity to state why the arrangement should not end.\nAfter considering any response, the chairperson may end the arrangement on the date stated under subsection (2) (a) (ii) or decide not to end the arrangement.\nIf—\nthe chairperson ends the arrangement; and\nthe short-term protected person acknowledges that the arrangement has ended; and\nimmediately before the arrangement ended, the short-term protected person was receiving financial help under the arrangement;\nthe chairperson may continue to provide financial help to the person for the period the chairperson considers appropriate.\ns 14F ins 2006 No. 41 s 57\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.14F-ssec.1) The chairperson may end a short-term protection arrangement if— the chairperson is satisfied— the short-term protected person has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or the short-term protected person has, without reasonable excuse, contravened a condition identified in the arrangement as a condition that, if contravened, may result in the ending of the arrangement; or the chairperson considers it is no longer appropriate for the short-term protected person to be protected, including, for example— because— the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or the person can not be properly protected under the arrangement because of something the person has done or intends to do; or because the circumstances, mentioned in section 14A (2) , for which the arrangement was made have changed or no longer exist.\n(sec.14F-ssec.2) Before ending the arrangement, the chairperson must take the steps the chairperson considers are reasonably necessary— to inform the short-term protected person— why it is proposed to end the arrangement; and when the arrangement will end; and to give the short-term protected person a reasonable opportunity to state why the arrangement should not end.\n(sec.14F-ssec.3) After considering any response, the chairperson may end the arrangement on the date stated under subsection (2) (a) (ii) or decide not to end the arrangement.\n(sec.14F-ssec.4) If— the chairperson ends the arrangement; and the short-term protected person acknowledges that the arrangement has ended; and immediately before the arrangement ended, the short-term protected person was receiving financial help under the arrangement; the chairperson may continue to provide financial help to the person for the period the chairperson considers appropriate.\n- (a) the chairperson is satisfied— (i) the short-term protected person has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or (ii) the short-term protected person has, without reasonable excuse, contravened a condition identified in the arrangement as a condition that, if contravened, may result in the ending of the arrangement; or\n- (i) the short-term protected person has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or\n- (ii) the short-term protected person has, without reasonable excuse, contravened a condition identified in the arrangement as a condition that, if contravened, may result in the ending of the arrangement; or\n- (b) the chairperson considers it is no longer appropriate for the short-term protected person to be protected, including, for example— (i) because— (A) the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or (B) the person can not be properly protected under the arrangement because of something the person has done or intends to do; or (ii) because the circumstances, mentioned in section 14A (2) , for which the arrangement was made have changed or no longer exist.\n- (i) because— (A) the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or (B) the person can not be properly protected under the arrangement because of something the person has done or intends to do; or\n- (A) the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or\n- (B) the person can not be properly protected under the arrangement because of something the person has done or intends to do; or\n- (ii) because the circumstances, mentioned in section 14A (2) , for which the arrangement was made have changed or no longer exist.\n- (i) the short-term protected person has committed an offence against a law of the Commonwealth or a State that is punishable by at least 1 year’s imprisonment; or\n- (ii) the short-term protected person has, without reasonable excuse, contravened a condition identified in the arrangement as a condition that, if contravened, may result in the ending of the arrangement; or\n- (i) because— (A) the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or (B) the person can not be properly protected under the arrangement because of something the person has done or intends to do; or\n- (A) the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or\n- (B) the person can not be properly protected under the arrangement because of something the person has done or intends to do; or\n- (ii) because the circumstances, mentioned in section 14A (2) , for which the arrangement was made have changed or no longer exist.\n- (A) the integrity of the program or other witness protection activities of the commission are threatened because of something the person has done or intends to do; or\n- (B) the person can not be properly protected under the arrangement because of something the person has done or intends to do; or\n- (a) to inform the short-term protected person— (i) why it is proposed to end the arrangement; and (ii) when the arrangement will end; and\n- (i) why it is proposed to end the arrangement; and\n- (ii) when the arrangement will end; and\n- (b) to give the short-term protected person a reasonable opportunity to state why the arrangement should not end.\n- (i) why it is proposed to end the arrangement; and\n- (ii) when the arrangement will end; and\n- (a) the chairperson ends the arrangement; and\n- (b) the short-term protected person acknowledges that the arrangement has ended; and\n- (c) immediately before the arrangement ended, the short-term protected person was receiving financial help under the arrangement;","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Protecting identities","content":"# Protecting identities","sortOrder":23},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Identifying documents","content":"## Identifying documents","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Identifying documents","content":"### sec.15 Identifying documents\n\nThe chairperson may, in the way the chairperson considers appropriate, require a person responsible for issuing an identity document—\nto issue a document that is reasonably necessary—\nto allow a protected witness to establish a new identity; or\nto otherwise protect a protected witness; or\nto restore a former protected witness’s former identity; and\nto make any necessary entry in a record kept by the person relating to identity documents issued by the person.\nThe person must comply with the requirement.\nThis section has effect despite any other Act or law.\ns 15 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.15-ssec.1) The chairperson may, in the way the chairperson considers appropriate, require a person responsible for issuing an identity document— to issue a document that is reasonably necessary— to allow a protected witness to establish a new identity; or to otherwise protect a protected witness; or to restore a former protected witness’s former identity; and to make any necessary entry in a record kept by the person relating to identity documents issued by the person.\n(sec.15-ssec.2) The person must comply with the requirement.\n(sec.15-ssec.3) This section has effect despite any other Act or law.\n- (a) to issue a document that is reasonably necessary— (i) to allow a protected witness to establish a new identity; or (ii) to otherwise protect a protected witness; or (iii) to restore a former protected witness’s former identity; and\n- (i) to allow a protected witness to establish a new identity; or\n- (ii) to otherwise protect a protected witness; or\n- (iii) to restore a former protected witness’s former identity; and\n- (b) to make any necessary entry in a record kept by the person relating to identity documents issued by the person.\n- (i) to allow a protected witness to establish a new identity; or\n- (ii) to otherwise protect a protected witness; or\n- (iii) to restore a former protected witness’s former identity; and","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application for new identity authority","content":"### sec.16 Application for new identity authority\n\nThe chairperson may apply to the authorising officer for a new identity authority for a protected witness.\nThe application must be written and include enough information to enable the authorising officer to properly consider whether the protected witness should be given a new identity.\nThe authorising officer may refuse to consider the application until the chairperson gives the authorising officer all the information the authorising office requires about the application in the way the authorising officer requires.\nThe authorising officer may require additional information about the application to be given by statutory declaration.\ns 16 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.16-ssec.1) The chairperson may apply to the authorising officer for a new identity authority for a protected witness.\n(sec.16-ssec.2) The application must be written and include enough information to enable the authorising officer to properly consider whether the protected witness should be given a new identity.\n(sec.16-ssec.3) The authorising officer may refuse to consider the application until the chairperson gives the authorising officer all the information the authorising office requires about the application in the way the authorising officer requires. The authorising officer may require additional information about the application to be given by statutory declaration.","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Power of authorising officer to issue new identity authority","content":"### sec.17 Power of authorising officer to issue new identity authority\n\nThis section applies if the authorising officer is satisfied—\na person is a protected witness; and\nthe protected witness is likely to comply with his or her protection agreement; and\nit is necessary to change the protected witness’s identity to protect the protected witness.\nThe authorising officer may issue an authority ( new identity authority ) stating that a named witness protection officer is authorised to create a birth certificate to give the protected witness to whom the certificate relates a new identity.\ns 17 amd 2001 No. 69 s 378 sch 1\n(sec.17-ssec.1) This section applies if the authorising officer is satisfied— a person is a protected witness; and the protected witness is likely to comply with his or her protection agreement; and it is necessary to change the protected witness’s identity to protect the protected witness.\n(sec.17-ssec.2) The authorising officer may issue an authority ( new identity authority ) stating that a named witness protection officer is authorised to create a birth certificate to give the protected witness to whom the certificate relates a new identity.\n- (a) a person is a protected witness; and\n- (b) the protected witness is likely to comply with his or her protection agreement; and\n- (c) it is necessary to change the protected witness’s identity to protect the protected witness.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Giving effect to new identity authority","content":"### sec.18 Giving effect to new identity authority\n\nOn the production of a new identity authority to the registrar-general, for inspection—\nthe officer named in the authority may create a birth certificate showing the new identity for the protected witness; and\nthe registrar-general must give the officer the help the officer reasonably requires for the purpose.\n- (a) the officer named in the authority may create a birth certificate showing the new identity for the protected witness; and\n- (b) the registrar-general must give the officer the help the officer reasonably requires for the purpose.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Effect of creation of birth certificate under new identity authority","content":"### sec.19 Effect of creation of birth certificate under new identity authority\n\nIf a protected witness is given a new identity by creating a birth certificate under a new identity authority, the new identity is taken, for all purposes, to be the person’s actual identity, unless the person’s former identity is restored under this Act.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Special provisions about concealing identities","content":"### sec.20 Special provisions about concealing identities\n\nThis section applies despite any other Act or law.\nIt is lawful for a person responsible for issuing a relevant document to issue, at the request of the chairperson or in accordance with a new identity authority, a document that helps a protected witness conceal his or her actual identity and personal particulars, including, for example, his or her date and place of birth.\nThe chairperson, the authorising officer, the person authorised to create a relevant document, the person responsible for issuing the document, and anyone helping to issue the document—\ndoes not commit an offence against any Act or law by authorising, issuing or helping to issue the document; and\nno civil proceeding may be started or continued against the person only because of the issue of the document.\nAlso, any contract or agreement made with a person given a new identity under this Act is not invalid only because of the use by the person of the new identity while the person is authorised under this Act to use the new identity.\nIn this section—\nrelevant document means a document that—\nmay lawfully be issued under an Act; and\nmay be used to identify a person or authorise a person to do a lawful act.\ns 20 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.20-ssec.1) This section applies despite any other Act or law.\n(sec.20-ssec.2) It is lawful for a person responsible for issuing a relevant document to issue, at the request of the chairperson or in accordance with a new identity authority, a document that helps a protected witness conceal his or her actual identity and personal particulars, including, for example, his or her date and place of birth.\n(sec.20-ssec.3) The chairperson, the authorising officer, the person authorised to create a relevant document, the person responsible for issuing the document, and anyone helping to issue the document— does not commit an offence against any Act or law by authorising, issuing or helping to issue the document; and no civil proceeding may be started or continued against the person only because of the issue of the document.\n(sec.20-ssec.4) Also, any contract or agreement made with a person given a new identity under this Act is not invalid only because of the use by the person of the new identity while the person is authorised under this Act to use the new identity.\n(sec.20-ssec.5) In this section— relevant document means a document that— may lawfully be issued under an Act; and may be used to identify a person or authorise a person to do a lawful act.\n- (a) does not commit an offence against any Act or law by authorising, issuing or helping to issue the document; and\n- (b) no civil proceeding may be started or continued against the person only because of the issue of the document.\n- (a) may lawfully be issued under an Act; and\n- (b) may be used to identify a person or authorise a person to do a lawful act.","sortOrder":30},{"sectionNumber":"sec.20A","sectionType":"section","heading":"New identity for witness protection officer","content":"### sec.20A New identity for witness protection officer\n\nThe chairperson may authorise a witness protection officer to use a new identity if the chairperson is satisfied the use is reasonably necessary—\nfor the proper administration of the program; or\nto ensure the officer’s safety while administering the program.\nIf the chairperson gives an authorisation under subsection (1) , the chairperson may, in the way the chairperson considers appropriate, require a person responsible for issuing an identity document—\nto issue a document that is reasonably necessary—\nto allow the officer to establish a new identity; or\nto otherwise protect the officer; or\nto restore the officer’s former identity; and\nto make any necessary entry in a record kept by the person relating to identity documents issued by the person.\nThe person must comply with the requirement.\nAlso, if the chairperson gives an authorisation under subsection (1) , section 20 applies as if a reference to a protected witness were a reference to the officer.\nThis section has effect despite any other Act or law.\ns 20A ins 2004 No. 8 s 45\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.20A-ssec.1) The chairperson may authorise a witness protection officer to use a new identity if the chairperson is satisfied the use is reasonably necessary— for the proper administration of the program; or to ensure the officer’s safety while administering the program.\n(sec.20A-ssec.2) If the chairperson gives an authorisation under subsection (1) , the chairperson may, in the way the chairperson considers appropriate, require a person responsible for issuing an identity document— to issue a document that is reasonably necessary— to allow the officer to establish a new identity; or to otherwise protect the officer; or to restore the officer’s former identity; and to make any necessary entry in a record kept by the person relating to identity documents issued by the person.\n(sec.20A-ssec.3) The person must comply with the requirement.\n(sec.20A-ssec.4) Also, if the chairperson gives an authorisation under subsection (1) , section 20 applies as if a reference to a protected witness were a reference to the officer.\n(sec.20A-ssec.5) This section has effect despite any other Act or law.\n- (a) for the proper administration of the program; or\n- (b) to ensure the officer’s safety while administering the program.\n- (a) to issue a document that is reasonably necessary— (i) to allow the officer to establish a new identity; or (ii) to otherwise protect the officer; or (iii) to restore the officer’s former identity; and\n- (i) to allow the officer to establish a new identity; or\n- (ii) to otherwise protect the officer; or\n- (iii) to restore the officer’s former identity; and\n- (b) to make any necessary entry in a record kept by the person relating to identity documents issued by the person.\n- (i) to allow the officer to establish a new identity; or\n- (ii) to otherwise protect the officer; or\n- (iii) to restore the officer’s former identity; and","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Restoration of former identity","content":"### sec.21 Restoration of former identity\n\nThis section applies if—\nprotection given to a person who has been given a new identity under the program has ended; and\nthe chairperson considers it appropriate, having regard to the following, to restore the person’s former identity—\nthe length of time the person has been known under the new identity;\nthe circumstances in which the protection was provided;\nthe effect restoring the person’s former identity may have on the person and members of the person’s family, including on the safety of those persons.\nThe chairperson must—\ntake reasonable steps to notify the person of the proposed action and the reasons for taking the proposed action; and\ngive the person a reasonable opportunity to comment on the proposal.\nIf after considering any comments made by the person, the chairperson considers it is still appropriate to restore the person’s former identity, the chairperson may take the action the chairperson considers necessary to restore the person’s former identity.\nIf the chairperson decides to restore the person’s former identity, the chairperson must, by notice to the person, require the person to return to the chairperson at a stated place and within a stated time, of at least 14 days, any documents given to the person—\nto allow the person to establish a new identity; or\nto give the person a new identity.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\ns 21 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.21-ssec.1) This section applies if— protection given to a person who has been given a new identity under the program has ended; and the chairperson considers it appropriate, having regard to the following, to restore the person’s former identity— the length of time the person has been known under the new identity; the circumstances in which the protection was provided; the effect restoring the person’s former identity may have on the person and members of the person’s family, including on the safety of those persons.\n(sec.21-ssec.2) The chairperson must— take reasonable steps to notify the person of the proposed action and the reasons for taking the proposed action; and give the person a reasonable opportunity to comment on the proposal.\n(sec.21-ssec.3) If after considering any comments made by the person, the chairperson considers it is still appropriate to restore the person’s former identity, the chairperson may take the action the chairperson considers necessary to restore the person’s former identity.\n(sec.21-ssec.4) If the chairperson decides to restore the person’s former identity, the chairperson must, by notice to the person, require the person to return to the chairperson at a stated place and within a stated time, of at least 14 days, any documents given to the person— to allow the person to establish a new identity; or to give the person a new identity.\n(sec.21-ssec.5) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n- (a) protection given to a person who has been given a new identity under the program has ended; and\n- (b) the chairperson considers it appropriate, having regard to the following, to restore the person’s former identity— (i) the length of time the person has been known under the new identity; (ii) the circumstances in which the protection was provided; (iii) the effect restoring the person’s former identity may have on the person and members of the person’s family, including on the safety of those persons.\n- (i) the length of time the person has been known under the new identity;\n- (ii) the circumstances in which the protection was provided;\n- (iii) the effect restoring the person’s former identity may have on the person and members of the person’s family, including on the safety of those persons.\n- (i) the length of time the person has been known under the new identity;\n- (ii) the circumstances in which the protection was provided;\n- (iii) the effect restoring the person’s former identity may have on the person and members of the person’s family, including on the safety of those persons.\n- (a) take reasonable steps to notify the person of the proposed action and the reasons for taking the proposed action; and\n- (b) give the person a reasonable opportunity to comment on the proposal.\n- (a) to allow the person to establish a new identity; or\n- (b) to give the person a new identity.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Particular documents to be destroyed","content":"### sec.22 Particular documents to be destroyed\n\nThis section applies to a document returned to the chairperson under a protection agreement or section 21 .\nThe chairperson must—\ndestroy the document as soon as practicable after receiving it; or\nmake arrangements with the person responsible for issuing the document for the destruction of the document.\nSubsection (2) applies despite the Public Records Act 2023 .\ns 22 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2023 No. 33 s 107 sch 5\n(sec.22-ssec.1) This section applies to a document returned to the chairperson under a protection agreement or section 21 .\n(sec.22-ssec.2) The chairperson must— destroy the document as soon as practicable after receiving it; or make arrangements with the person responsible for issuing the document for the destruction of the document.\n(sec.22-ssec.3) Subsection (2) applies despite the Public Records Act 2023 .\n- (a) destroy the document as soon as practicable after receiving it; or\n- (b) make arrangements with the person responsible for issuing the document for the destruction of the document.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Offence in relation to documents","content":"### sec.23 Offence in relation to documents\n\nA person for whom a birth certificate is created under this Act must not use or obtain a document issued by the registrar-general based on the person’s former identity, unless the person’s former identity is restored.\nMaximum penalty—60 penalty units.","sortOrder":34},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Proceedings involving protected witnesses","content":"## Proceedings involving protected witnesses","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definitions for div 2","content":"### sec.24 Definitions for div 2\n\nIn this division—\ncorresponding non-disclosure certificate means a certificate given under a provision of a complementary witness protection law that corresponds to section 25 (2) .\nnon-disclosure certificate means a certificate given under section 25 (2) (a) .\nparty , to a proceeding, means—\nfor a criminal proceeding—the prosecutor and each accused person; or\nfor a civil proceeding—each person who is a party to the proceeding; or\nfor another proceeding—each person who has been given leave to appear in the proceeding.\nprotected identity , of a protected witness, means—\nfor a proceeding in which the protected witness is or may be required to give evidence under the person’s new identity—the person’s former identity; or\nfor a proceeding in which the protected witness is or may be required to give evidence under the person’s former identity—the person’s new identity.\nprotected witness means a person who, having been given a new identity under the program, keeps that identity, even if the person is no longer included in the program.\ns 24 sub 2005 No. 45 s 60\n- (a) for a criminal proceeding—the prosecutor and each accused person; or\n- (b) for a civil proceeding—each person who is a party to the proceeding; or\n- (c) for another proceeding—each person who has been given leave to appear in the proceeding.\n- (a) for a proceeding in which the protected witness is or may be required to give evidence under the person’s new identity—the person’s former identity; or\n- (b) for a proceeding in which the protected witness is or may be required to give evidence under the person’s former identity—the person’s new identity.","sortOrder":36},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Application of div 2 to lawyer of party to a proceeding","content":"### sec.24A Application of div 2 to lawyer of party to a proceeding\n\nFor this division—\nanything permitted to be done by a party to a proceeding may be done by the party’s lawyer; and\nany requirement to give something to a party to a proceeding is satisfied by giving the thing to the party’s lawyer.\ns 24A ins 2005 No. 45 s 60\n- (a) anything permitted to be done by a party to a proceeding may be done by the party’s lawyer; and\n- (b) any requirement to give something to a party to a proceeding is satisfied by giving the thing to the party’s lawyer.","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Requirement if protected witness becomes a witness in a proceeding","content":"### sec.25 Requirement if protected witness becomes a witness in a proceeding\n\nIf a protected witness is or may be required to give evidence in a proceeding in a court, whether under the person’s new identity or former identity, the person must notify the chairperson that the person is or may be required to give evidence in the proceeding.\nThe chairperson must—\ngive a certificate for the protected witness in relation to the proceeding; and\nfile a copy of the certificate with the court.\nA protected witness commits an offence if the protected witness—\nknows that, or is reckless as to whether, the protected witness is or may be required to give evidence in a proceeding in a court; and\nintentionally, knowingly or recklessly fails to notify the chairperson under subsection (1) .\nMaximum penalty—50 penalty units.\nIn this section—\ncourt includes a court, within the meaning of this Act, of another State or the Commonwealth.\ns 25 sub 2005 No. 45 s 60\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.25-ssec.1) If a protected witness is or may be required to give evidence in a proceeding in a court, whether under the person’s new identity or former identity, the person must notify the chairperson that the person is or may be required to give evidence in the proceeding.\n(sec.25-ssec.2) The chairperson must— give a certificate for the protected witness in relation to the proceeding; and file a copy of the certificate with the court.\n(sec.25-ssec.3) A protected witness commits an offence if the protected witness— knows that, or is reckless as to whether, the protected witness is or may be required to give evidence in a proceeding in a court; and intentionally, knowingly or recklessly fails to notify the chairperson under subsection (1) . Maximum penalty—50 penalty units.\n(sec.25-ssec.4) In this section— court includes a court, within the meaning of this Act, of another State or the Commonwealth.\n- (a) give a certificate for the protected witness in relation to the proceeding; and\n- (b) file a copy of the certificate with the court.\n- (a) knows that, or is reckless as to whether, the protected witness is or may be required to give evidence in a proceeding in a court; and\n- (b) intentionally, knowingly or recklessly fails to notify the chairperson under subsection (1) .","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"What non-disclosure certificate must state","content":"### sec.26 What non-disclosure certificate must state\n\nA non-disclosure certificate for a protected witness must state—\nthe person is, or has been, included in the program; and\nthe person has been given a new identity under this Act; and\nthe person has not been convicted of any offence, other than an offence mentioned in the certificate.\nThe non-disclosure certificate must not include information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the person lives.\ns 26 sub 2005 No. 45 s 60\n(sec.26-ssec.1) A non-disclosure certificate for a protected witness must state— the person is, or has been, included in the program; and the person has been given a new identity under this Act; and the person has not been convicted of any offence, other than an offence mentioned in the certificate.\n(sec.26-ssec.2) The non-disclosure certificate must not include information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the person lives.\n- (a) the person is, or has been, included in the program; and\n- (b) the person has been given a new identity under this Act; and\n- (c) the person has not been convicted of any offence, other than an offence mentioned in the certificate.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Effect of non-disclosure certificate","content":"### sec.27 Effect of non-disclosure certificate\n\nThis section applies if a non-disclosure certificate for a protected witness in relation to a proceeding is filed with a court in Queensland.\nSubject to section 27A , in the proceeding—\na question must not be asked of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; and\na witness, including the protected witness, can not be required to, and must not, answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; and\na person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives.\nFor this section, a person involved in the proceeding includes the following—\nthe court;\na party to the proceeding;\na person given leave to be heard or make submissions in the proceeding;\na lawyer representing a person mentioned in paragraph (b) or (c) , or a lawyer assisting the court in the proceeding;\nany other officer of the court or person assisting the court in the proceeding;\na person acting in the execution of any process or the enforcement of any order in the proceeding.\nThe court may disclose to each party to the proceeding—\nthat the court has been given a non-disclosure certificate for a person who may be required to give evidence in the proceeding; and\nwhat the certificate states.\nThe court may only disclose what the non-disclosure certificate states in the absence of any jury empanelled for the proceeding and the public.\nIf the court makes a disclosure about the non-disclosure certificate under subsection (4) , the court must also inform the parties of the effect of the certificate.\nThis section applies despite any other Act.\ns 27 sub 2005 No. 45 s 60\n(sec.27-ssec.1) This section applies if a non-disclosure certificate for a protected witness in relation to a proceeding is filed with a court in Queensland.\n(sec.27-ssec.2) Subject to section 27A , in the proceeding— a question must not be asked of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; and a witness, including the protected witness, can not be required to, and must not, answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; and a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives.\n(sec.27-ssec.3) For this section, a person involved in the proceeding includes the following— the court; a party to the proceeding; a person given leave to be heard or make submissions in the proceeding; a lawyer representing a person mentioned in paragraph (b) or (c) , or a lawyer assisting the court in the proceeding; any other officer of the court or person assisting the court in the proceeding; a person acting in the execution of any process or the enforcement of any order in the proceeding.\n(sec.27-ssec.4) The court may disclose to each party to the proceeding— that the court has been given a non-disclosure certificate for a person who may be required to give evidence in the proceeding; and what the certificate states.\n(sec.27-ssec.5) The court may only disclose what the non-disclosure certificate states in the absence of any jury empanelled for the proceeding and the public.\n(sec.27-ssec.6) If the court makes a disclosure about the non-disclosure certificate under subsection (4) , the court must also inform the parties of the effect of the certificate.\n(sec.27-ssec.7) This section applies despite any other Act.\n- (a) a question must not be asked of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; and\n- (b) a witness, including the protected witness, can not be required to, and must not, answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; and\n- (c) a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives.\n- (a) the court;\n- (b) a party to the proceeding;\n- (c) a person given leave to be heard or make submissions in the proceeding;\n- (d) a lawyer representing a person mentioned in paragraph (b) or (c) , or a lawyer assisting the court in the proceeding;\n- (e) any other officer of the court or person assisting the court in the proceeding;\n- (f) a person acting in the execution of any process or the enforcement of any order in the proceeding.\n- (a) that the court has been given a non-disclosure certificate for a person who may be required to give evidence in the proceeding; and\n- (b) what the certificate states.","sortOrder":40},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Disclosure of protected witness’s identity despite certificate","content":"### sec.27A Disclosure of protected witness’s identity despite certificate\n\nIf a non-disclosure certificate for a protected witness in relation to a proceeding is filed in a court in Queensland, a party to the proceeding, or a lawyer assisting the court in the proceeding, may apply to the court—\nfor leave—\nto ask a question of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; or\nfor a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; or\nfor an order requiring a witness, including the protected witness, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives.\nThe court may—\ngive leave for the party or lawyer to do anything mentioned in subsection (1) (a) ; or\nmake an order requiring a witness to do anything mentioned in subsection (1) (b) .\nHowever, the court must not give leave or make an order unless satisfied about each of the following—\nthere is evidence that, if accepted, would substantially call into question the protected witness’s credibility;\nit would be impractical to test properly the credibility of the protected witness without allowing the risk of disclosure of, or disclosing, the protected witness’s protected identity or where the protected witness lives;\nit is in the interests of justice for the protected witness’s credibility to be able to be tested.\nIf there is a jury in the proceeding, the application must be heard in the absence of the jury.\nUnless the court considers that the interests of justice require otherwise, the court must be closed when—\nthe application is made; and\nif leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.\nThe court must make an order suppressing the publication of anything said when—\nthe application is made; and\nif leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.\nNothing in subsection (6) prevents the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.\nThe court may make any other order it considers appropriate to protect the protected witness’s protected identity or to prevent the disclosure of where the protected witness lives.\nA person is guilty of an offence if—\nthe person knows that, or is reckless as to whether, an order has been made under subsection (6) , (7) or (8) ; and\nthe person intentionally, knowingly or recklessly contravenes the order.\nMaximum penalty—2 years imprisonment.\nSubsection (9) does not limit the court’s power to punish for contempt.\ns 27A ins 2005 No. 45 s 60\n(sec.27A-ssec.1) If a non-disclosure certificate for a protected witness in relation to a proceeding is filed in a court in Queensland, a party to the proceeding, or a lawyer assisting the court in the proceeding, may apply to the court— for leave— to ask a question of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; or for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; or for an order requiring a witness, including the protected witness, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives.\n(sec.27A-ssec.2) The court may— give leave for the party or lawyer to do anything mentioned in subsection (1) (a) ; or make an order requiring a witness to do anything mentioned in subsection (1) (b) .\n(sec.27A-ssec.3) However, the court must not give leave or make an order unless satisfied about each of the following— there is evidence that, if accepted, would substantially call into question the protected witness’s credibility; it would be impractical to test properly the credibility of the protected witness without allowing the risk of disclosure of, or disclosing, the protected witness’s protected identity or where the protected witness lives; it is in the interests of justice for the protected witness’s credibility to be able to be tested.\n(sec.27A-ssec.4) If there is a jury in the proceeding, the application must be heard in the absence of the jury.\n(sec.27A-ssec.5) Unless the court considers that the interests of justice require otherwise, the court must be closed when— the application is made; and if leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.\n(sec.27A-ssec.6) The court must make an order suppressing the publication of anything said when— the application is made; and if leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.\n(sec.27A-ssec.7) Nothing in subsection (6) prevents the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.\n(sec.27A-ssec.8) The court may make any other order it considers appropriate to protect the protected witness’s protected identity or to prevent the disclosure of where the protected witness lives.\n(sec.27A-ssec.9) A person is guilty of an offence if— the person knows that, or is reckless as to whether, an order has been made under subsection (6) , (7) or (8) ; and the person intentionally, knowingly or recklessly contravenes the order. Maximum penalty—2 years imprisonment.\n(sec.27A-ssec.10) Subsection (9) does not limit the court’s power to punish for contempt.\n- (a) for leave— (i) to ask a question of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; or (ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; or\n- (i) to ask a question of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; or\n- (ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; or\n- (b) for an order requiring a witness, including the protected witness, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives.\n- (i) to ask a question of a witness, including the protected witness, that may lead to the disclosure of the protected witness’s protected identity or where the protected witness lives; or\n- (ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the protected witness’s protected identity or where the protected witness lives; or\n- (a) give leave for the party or lawyer to do anything mentioned in subsection (1) (a) ; or\n- (b) make an order requiring a witness to do anything mentioned in subsection (1) (b) .\n- (a) there is evidence that, if accepted, would substantially call into question the protected witness’s credibility;\n- (b) it would be impractical to test properly the credibility of the protected witness without allowing the risk of disclosure of, or disclosing, the protected witness’s protected identity or where the protected witness lives;\n- (c) it is in the interests of justice for the protected witness’s credibility to be able to be tested.\n- (a) the application is made; and\n- (b) if leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.\n- (a) the application is made; and\n- (b) if leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.\n- (a) the person knows that, or is reckless as to whether, an order has been made under subsection (6) , (7) or (8) ; and\n- (b) the person intentionally, knowingly or recklessly contravenes the order.","sortOrder":41},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Recognition of corresponding non-disclosure certificate","content":"### sec.27B Recognition of corresponding non-disclosure certificate\n\nSections 27 and 27A apply, with any necessary changes, to a corresponding non-disclosure certificate that is filed with a court in Queensland, as if it were a non-disclosure certificate given under section 25 (2) (a) .\ns 27B ins 2005 No. 45 s 60","sortOrder":42},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Other provisions about protecting identity","content":"## Other provisions about protecting identity","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Documentation restrictions","content":"### sec.28 Documentation restrictions\n\nThe chairperson must not obtain a document for a protected witness representing that the protected witness—\nhas a qualification the protected witness does not have; or\nis entitled to a benefit the protected witness would not be entitled to if the protected witness were not included in the program.\ns 28 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n- (a) has a qualification the protected witness does not have; or\n- (b) is entitled to a benefit the protected witness would not be entitled to if the protected witness were not included in the program.","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":"Special commercial arrangements by chairperson","content":"### sec.29 Special commercial arrangements by chairperson\n\nThe chairperson may make a commercial arrangement with a person under which a protected witness may obtain a benefit under a contract or arrangement without revealing his or her former identity.\ns 29 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Dealing with rights, obligations and restrictions of protected witness","content":"### sec.30 Dealing with rights, obligations and restrictions of protected witness\n\nThe chairperson must take any reasonably practicable steps to ensure—\nall outstanding rights and obligations of a protected witness are dealt with according to law; and\na protected witness complies with all restrictions applying to the protected witness.\nThe steps the chairperson may take include the following—\nproviding protection for the protected witness while the protected witness is attending court;\nnotifying a party or possible party to a proceeding that the chairperson will, on behalf of the protected witness, accept process issued by a court, and nominating a witness protection officer for the purpose.\ns 30 amd 2001 No. 69 s 378 sch 1 ; 2005 No. 45 s 61 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.30-ssec.1) The chairperson must take any reasonably practicable steps to ensure— all outstanding rights and obligations of a protected witness are dealt with according to law; and a protected witness complies with all restrictions applying to the protected witness.\n(sec.30-ssec.2) The steps the chairperson may take include the following— providing protection for the protected witness while the protected witness is attending court; notifying a party or possible party to a proceeding that the chairperson will, on behalf of the protected witness, accept process issued by a court, and nominating a witness protection officer for the purpose.\n- (a) all outstanding rights and obligations of a protected witness are dealt with according to law; and\n- (b) a protected witness complies with all restrictions applying to the protected witness.\n- (a) providing protection for the protected witness while the protected witness is attending court;\n- (b) notifying a party or possible party to a proceeding that the chairperson will, on behalf of the protected witness, accept process issued by a court, and nominating a witness protection officer for the purpose.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Avoidance of obligations by protected witness","content":"### sec.31 Avoidance of obligations by protected witness\n\nIf the chairperson is satisfied a protected witness who has been given a new identity under the program is using the new identity to avoid obligations incurred or restrictions imposed before the new identity was established, the chairperson must give the protected witness notice of the fact.\nThe notice must also state that, unless the protected witness satisfies the chairperson the obligations will be dealt with according to law or the restrictions will be complied with, the chairperson will take the action the chairperson considers reasonably necessary to ensure the obligations are dealt with or the restrictions are complied with.\nThe action may include informing a person who is seeking to enforce rights against the protected witness of the details of any real or personal property owned by the protected witness under his or her former identity.\ns 31 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.31-ssec.1) If the chairperson is satisfied a protected witness who has been given a new identity under the program is using the new identity to avoid obligations incurred or restrictions imposed before the new identity was established, the chairperson must give the protected witness notice of the fact.\n(sec.31-ssec.2) The notice must also state that, unless the protected witness satisfies the chairperson the obligations will be dealt with according to law or the restrictions will be complied with, the chairperson will take the action the chairperson considers reasonably necessary to ensure the obligations are dealt with or the restrictions are complied with.\n(sec.31-ssec.3) The action may include informing a person who is seeking to enforce rights against the protected witness of the details of any real or personal property owned by the protected witness under his or her former identity.","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Payments under witness protection program","content":"### sec.32 Payments under witness protection program\n\nThe chairperson may certify in writing that all or part of an amount paid to a person represents payments made to the person under the witness protection program.\nThe amount can not be confiscated or restrained, and can not be applied in payment of pecuniary penalties, under the Criminal Proceeds Confiscation Act 2002 .\ns 32 amd 2002 No. 68 s 339 sch 4 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.32-ssec.1) The chairperson may certify in writing that all or part of an amount paid to a person represents payments made to the person under the witness protection program.\n(sec.32-ssec.2) The amount can not be confiscated or restrained, and can not be applied in payment of pecuniary penalties, under the Criminal Proceeds Confiscation Act 2002 .","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of s 16 to approved authorities","content":"### sec.33 Application of s 16 to approved authorities\n\nThis section applies if—\na person is included in a witness protection program under a complementary witness protection law; and\nthe chief executive officer of an approved authority considers it is necessary for the chief executive officer to apply to the authorising officer for a new identity authority under this Act.\nSection 16 applies to the person as if—\nthe person were included in the witness protection program under this Act; and\nthe chief executive officer were the chairperson.\nA reference in this part to a protection agreement is taken to include a reference to a document that is the equivalent of a protection agreement under a complementary witness protection law.\ns 33 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.33-ssec.1) This section applies if— a person is included in a witness protection program under a complementary witness protection law; and the chief executive officer of an approved authority considers it is necessary for the chief executive officer to apply to the authorising officer for a new identity authority under this Act.\n(sec.33-ssec.2) Section 16 applies to the person as if— the person were included in the witness protection program under this Act; and the chief executive officer were the chairperson.\n(sec.33-ssec.3) A reference in this part to a protection agreement is taken to include a reference to a document that is the equivalent of a protection agreement under a complementary witness protection law.\n- (a) a person is included in a witness protection program under a complementary witness protection law; and\n- (b) the chief executive officer of an approved authority considers it is necessary for the chief executive officer to apply to the authorising officer for a new identity authority under this Act.\n- (a) the person were included in the witness protection program under this Act; and\n- (b) the chief executive officer were the chairperson.","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Effect of issue of birth certificate under complementary witness protection law","content":"### sec.34 Effect of issue of birth certificate under complementary witness protection law\n\nThis section applies if a person is given a new identity under a complementary witness protection law by issuing a document equivalent to a birth certificate under the complementary witness protection law.\nWhile the person is in Queensland, the new identity is taken, for all purposes, to be the person’s actual identity, unless the person’s former identity is restored under the complementary witness protection law.\n(sec.34-ssec.1) This section applies if a person is given a new identity under a complementary witness protection law by issuing a document equivalent to a birth certificate under the complementary witness protection law.\n(sec.34-ssec.2) While the person is in Queensland, the new identity is taken, for all purposes, to be the person’s actual identity, unless the person’s former identity is restored under the complementary witness protection law.","sortOrder":50},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":51},{"sectionNumber":"sec.35","sectionType":"section","heading":"Development of training programs etc.","content":"### sec.35 Development of training programs etc.\n\nFor giving effect to the witness protection program, the chairperson—\nmust develop appropriate training programs and ensure persons involved in providing witness protection are appropriately trained to perform the duties of witness protection; and\nmust develop ways of providing adequate witness protection to persons generally or in particular cases; and\nmust keep an accurate register of—\nthe factual particulars and assumed particulars of persons who have assumed new identities under the witness protection program; and\nnon-disclosure certificates given under this Act; and\nmay do anything else the chairperson considers reasonably necessary to give effect to the program.\nA register mentioned in subsection (1) (c) may form part of another register kept by the chairperson under the Crime and Corruption Act 2001 .\ns 35 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.35-ssec.1) For giving effect to the witness protection program, the chairperson— must develop appropriate training programs and ensure persons involved in providing witness protection are appropriately trained to perform the duties of witness protection; and must develop ways of providing adequate witness protection to persons generally or in particular cases; and must keep an accurate register of— the factual particulars and assumed particulars of persons who have assumed new identities under the witness protection program; and non-disclosure certificates given under this Act; and may do anything else the chairperson considers reasonably necessary to give effect to the program.\n(sec.35-ssec.2) A register mentioned in subsection (1) (c) may form part of another register kept by the chairperson under the Crime and Corruption Act 2001 .\n- (a) must develop appropriate training programs and ensure persons involved in providing witness protection are appropriately trained to perform the duties of witness protection; and\n- (b) must develop ways of providing adequate witness protection to persons generally or in particular cases; and\n- (c) must keep an accurate register of— (i) the factual particulars and assumed particulars of persons who have assumed new identities under the witness protection program; and (ii) non-disclosure certificates given under this Act; and\n- (i) the factual particulars and assumed particulars of persons who have assumed new identities under the witness protection program; and\n- (ii) non-disclosure certificates given under this Act; and\n- (d) may do anything else the chairperson considers reasonably necessary to give effect to the program.\n- (i) the factual particulars and assumed particulars of persons who have assumed new identities under the witness protection program; and\n- (ii) non-disclosure certificates given under this Act; and","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Offence of disclosure about particular persons or the program","content":"### sec.36 Offence of disclosure about particular persons or the program\n\nA person must not knowingly, directly or indirectly, disclose or record information about a relevant person or the witness protection program that may threaten—\nthe security of a relevant person; or\nthe integrity of the program or other witness protection activities of the commission.\nMaximum penalty—10 years imprisonment.\nSubsection (1) does not apply to a disclosure or record that—\nis necessary to provide witness protection; or\nis made with the chairperson’s consent; or\nis otherwise required for the administration of this Act or the Crime and Corruption Act 2001 ; or\nis either—\npermitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or\npermitted by leave, or required by an order, given under section 27A .\nIn this section—\ndisclose information, includes allow access to the information.\nrelevant person means a person who is, or has been—\nincluded in the witness protection program; or\nprotected under an interim protection agreement; or\nprotected under a short-term protection arrangement; or\na witness protection officer for whom an authorisation has been given under section 20A (1) .\ns 36 amd 2001 No. 69 s 378 sch 1 ; 2004 No. 8 s 46 ; 2005 No. 45 s 62\nsub 2006 No. 41 s 58\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.36-ssec.1) A person must not knowingly, directly or indirectly, disclose or record information about a relevant person or the witness protection program that may threaten— the security of a relevant person; or the integrity of the program or other witness protection activities of the commission. Maximum penalty—10 years imprisonment.\n(sec.36-ssec.2) Subsection (1) does not apply to a disclosure or record that— is necessary to provide witness protection; or is made with the chairperson’s consent; or is otherwise required for the administration of this Act or the Crime and Corruption Act 2001 ; or is either— permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or permitted by leave, or required by an order, given under section 27A .\n(sec.36-ssec.3) In this section— disclose information, includes allow access to the information. relevant person means a person who is, or has been— included in the witness protection program; or protected under an interim protection agreement; or protected under a short-term protection arrangement; or a witness protection officer for whom an authorisation has been given under section 20A (1) .\n- (a) the security of a relevant person; or\n- (b) the integrity of the program or other witness protection activities of the commission.\n- (a) is necessary to provide witness protection; or\n- (b) is made with the chairperson’s consent; or\n- (c) is otherwise required for the administration of this Act or the Crime and Corruption Act 2001 ; or\n- (d) is either— (i) permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or (ii) permitted by leave, or required by an order, given under section 27A .\n- (i) permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or\n- (ii) permitted by leave, or required by an order, given under section 27A .\n- (i) permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or\n- (ii) permitted by leave, or required by an order, given under section 27A .\n- (a) included in the witness protection program; or\n- (b) protected under an interim protection agreement; or\n- (c) protected under a short-term protection arrangement; or\n- (d) a witness protection officer for whom an authorisation has been given under section 20A (1) .","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Offence of disclosure by prescribed persons","content":"### sec.37 Offence of disclosure by prescribed persons\n\nA prescribed person must not, directly or indirectly, disclose or communicate to another person—\nthat the prescribed person or someone else known to the prescribed person has—\nundergone assessment for inclusion in the program; or\nsigned a protection agreement; or\nundergone assessment for an interim protection agreement or short-term protection arrangement; or\nsigned an interim protection agreement or entered into a short-term protection arrangement; or\ndetails of a protection agreement signed by the prescribed person or someone else known to the prescribed person; or\ndetails of an interim protection agreement signed by the protected person or someone else known to the protected person; or\ndetails of a short-term protection arrangement entered into by the protected person or someone else known to the protected person; or\ninformation about anything done under this Act by—\na person who was the chairperson of the Criminal Justice Commission under the Criminal Justice Act 1989 or an officer of the witness protection division of that commission; or\nthe chairperson or a witness protection officer; or\ninformation gained by the person because of something done under this Act and about—\na person who was an officer of the witness protection division of the Criminal Justice Commission under the Criminal Justice Act 1989 ; or\na witness protection officer.\nMaximum penalty—1 year’s imprisonment.\nSubsection (1) does not apply to a disclosure or communication—\nauthorised by the chairperson; or\nnecessary to give effect to a new identity authority; or\nthat is either—\npermitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or\npermitted by leave, or required by an order, given under section 27A ; or\nto the parliamentary committee.\nIn this section—\nprescribed person means—\na protected witness; or\na former protected witness; or\na person who has undergone assessment for inclusion in the program; or\na person who is, or has been, given protection under section 9 or part 2A ; or\nSection 9 deals with interim protection and part 2A deals with arrangements for short-term protection.\na person who has undergone assessment for protection under section 9 or part 2A .\ns 37 amd 2001 No. 69 s 378 sch 1 ; 2005 No. 45 s 63\nsub 2006 No. 41 s 59\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.37-ssec.1) A prescribed person must not, directly or indirectly, disclose or communicate to another person— that the prescribed person or someone else known to the prescribed person has— undergone assessment for inclusion in the program; or signed a protection agreement; or undergone assessment for an interim protection agreement or short-term protection arrangement; or signed an interim protection agreement or entered into a short-term protection arrangement; or details of a protection agreement signed by the prescribed person or someone else known to the prescribed person; or details of an interim protection agreement signed by the protected person or someone else known to the protected person; or details of a short-term protection arrangement entered into by the protected person or someone else known to the protected person; or information about anything done under this Act by— a person who was the chairperson of the Criminal Justice Commission under the Criminal Justice Act 1989 or an officer of the witness protection division of that commission; or the chairperson or a witness protection officer; or information gained by the person because of something done under this Act and about— a person who was an officer of the witness protection division of the Criminal Justice Commission under the Criminal Justice Act 1989 ; or a witness protection officer. Maximum penalty—1 year’s imprisonment.\n(sec.37-ssec.2) Subsection (1) does not apply to a disclosure or communication— authorised by the chairperson; or necessary to give effect to a new identity authority; or that is either— permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or permitted by leave, or required by an order, given under section 27A ; or to the parliamentary committee.\n(sec.37-ssec.3) In this section— prescribed person means— a protected witness; or a former protected witness; or a person who has undergone assessment for inclusion in the program; or a person who is, or has been, given protection under section 9 or part 2A ; or Section 9 deals with interim protection and part 2A deals with arrangements for short-term protection. a person who has undergone assessment for protection under section 9 or part 2A .\n- (a) that the prescribed person or someone else known to the prescribed person has— (i) undergone assessment for inclusion in the program; or (ii) signed a protection agreement; or (iii) undergone assessment for an interim protection agreement or short-term protection arrangement; or (iv) signed an interim protection agreement or entered into a short-term protection arrangement; or\n- (i) undergone assessment for inclusion in the program; or\n- (ii) signed a protection agreement; or\n- (iii) undergone assessment for an interim protection agreement or short-term protection arrangement; or\n- (iv) signed an interim protection agreement or entered into a short-term protection arrangement; or\n- (b) details of a protection agreement signed by the prescribed person or someone else known to the prescribed person; or\n- (c) details of an interim protection agreement signed by the protected person or someone else known to the protected person; or\n- (d) details of a short-term protection arrangement entered into by the protected person or someone else known to the protected person; or\n- (e) information about anything done under this Act by— (i) a person who was the chairperson of the Criminal Justice Commission under the Criminal Justice Act 1989 or an officer of the witness protection division of that commission; or (ii) the chairperson or a witness protection officer; or\n- (i) a person who was the chairperson of the Criminal Justice Commission under the Criminal Justice Act 1989 or an officer of the witness protection division of that commission; or\n- (ii) the chairperson or a witness protection officer; or\n- (f) information gained by the person because of something done under this Act and about— (i) a person who was an officer of the witness protection division of the Criminal Justice Commission under the Criminal Justice Act 1989 ; or (ii) a witness protection officer.\n- (i) a person who was an officer of the witness protection division of the Criminal Justice Commission under the Criminal Justice Act 1989 ; or\n- (ii) a witness protection officer.\n- (i) undergone assessment for inclusion in the program; or\n- (ii) signed a protection agreement; or\n- (iii) undergone assessment for an interim protection agreement or short-term protection arrangement; or\n- (iv) signed an interim protection agreement or entered into a short-term protection arrangement; or\n- (i) a person who was the chairperson of the Criminal Justice Commission under the Criminal Justice Act 1989 or an officer of the witness protection division of that commission; or\n- (ii) the chairperson or a witness protection officer; or\n- (i) a person who was an officer of the witness protection division of the Criminal Justice Commission under the Criminal Justice Act 1989 ; or\n- (ii) a witness protection officer.\n- (a) authorised by the chairperson; or\n- (b) necessary to give effect to a new identity authority; or\n- (c) that is either— (i) permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or (ii) permitted by leave, or required by an order, given under section 27A ; or\n- (i) permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or\n- (ii) permitted by leave, or required by an order, given under section 27A ; or\n- (d) to the parliamentary committee.\n- (i) permitted by leave given under section 27 before the commencement of section 27A (as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005 ); or\n- (ii) permitted by leave, or required by an order, given under section 27A ; or\n- (a) a protected witness; or\n- (b) a former protected witness; or\n- (c) a person who has undergone assessment for inclusion in the program; or\n- (d) a person who is, or has been, given protection under section 9 or part 2A ; or Note— Section 9 deals with interim protection and part 2A deals with arrangements for short-term protection.\n- (e) a person who has undergone assessment for protection under section 9 or part 2A .","sortOrder":54},{"sectionNumber":"sec.38","sectionType":"section","heading":"Certain persons not to be required to disclose information","content":"### sec.38 Certain persons not to be required to disclose information\n\nThis section applies to a person ( relevant person ) who is or has been—\na member of the commission, including the chairperson; or\nan officer of the commission; or\nthe registrar-general; or\na person employed in the administration of the Births, Deaths and Marriages Registration Act 2023 ; or\nthe chief executive officer of an approved authority; or\na member of the staff of an approved authority; or\nan authorising officer; or\nan officer of an entity providing services to or for a protected witness at the request of the chairperson; or\na member of the parliamentary committee under the Crime and Corruption Act 2001 ; or\nthe parliamentary commissioner under the Crime and Corruption Act 2001 .\nIn a proceeding, a relevant person can not be required to produce a document or to disclose anything relating to the performance of duties or the protection of persons under this Act, unless—\na District Court judge or Supreme Court judge otherwise orders; or\nthe proceeding relates to an offence against this Act.\nSubsection (2) does not prevent a member or officer of the commission producing documents or disclosing information under an approval given by the chairperson for the proceeding.\ns 38 amd 2001 No. 69 s 378 sch 1 ; 2003 No. 31 s 59 sch 1 ; 2005 No. 45 s 59 sch 2 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2023 No. 17 s 182 s ch 3 pt 1\n(sec.38-ssec.1) This section applies to a person ( relevant person ) who is or has been— a member of the commission, including the chairperson; or an officer of the commission; or the registrar-general; or a person employed in the administration of the Births, Deaths and Marriages Registration Act 2023 ; or the chief executive officer of an approved authority; or a member of the staff of an approved authority; or an authorising officer; or an officer of an entity providing services to or for a protected witness at the request of the chairperson; or a member of the parliamentary committee under the Crime and Corruption Act 2001 ; or the parliamentary commissioner under the Crime and Corruption Act 2001 .\n(sec.38-ssec.2) In a proceeding, a relevant person can not be required to produce a document or to disclose anything relating to the performance of duties or the protection of persons under this Act, unless— a District Court judge or Supreme Court judge otherwise orders; or the proceeding relates to an offence against this Act.\n(sec.38-ssec.3) Subsection (2) does not prevent a member or officer of the commission producing documents or disclosing information under an approval given by the chairperson for the proceeding.\n- (a) a member of the commission, including the chairperson; or\n- (b) an officer of the commission; or\n- (c) the registrar-general; or\n- (d) a person employed in the administration of the Births, Deaths and Marriages Registration Act 2023 ; or\n- (e) the chief executive officer of an approved authority; or\n- (f) a member of the staff of an approved authority; or\n- (g) an authorising officer; or\n- (h) an officer of an entity providing services to or for a protected witness at the request of the chairperson; or\n- (i) a member of the parliamentary committee under the Crime and Corruption Act 2001 ; or\n- (j) the parliamentary commissioner under the Crime and Corruption Act 2001 .\n- (a) a District Court judge or Supreme Court judge otherwise orders; or\n- (b) the proceeding relates to an offence against this Act.","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Restriction on issue of Queensland identity documents","content":"### sec.39 Restriction on issue of Queensland identity documents\n\nA person responsible for issuing a Queensland identity document must not issue an identity document for a person included in a witness protection program being conducted by the Commonwealth or another State unless the document is issued under an arrangement under section 40 .","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Arrangements with approved authorities","content":"### sec.40 Arrangements with approved authorities\n\nThe chairperson may make an arrangement with the chief executive officer of an approved authority about any matter relating to the administration of a complementary witness protection law.\nWithout limiting subsection (1) , the arrangement—\nmay provide for the exercise by the chairperson of functions conferred under the complementary witness protection law; and\nmust include procedures under which the approved authority shares with the State the costs incurred under the arrangements; and\nmay provide for the approved authority to make available to the chairperson the statements, transcripts of evidence and other documents necessary to help the chairperson decide—\nwhether to provide protection or help to a person under this Act; and\nwhat protection and help are appropriate for a person.\ns 40 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.40-ssec.1) The chairperson may make an arrangement with the chief executive officer of an approved authority about any matter relating to the administration of a complementary witness protection law.\n(sec.40-ssec.2) Without limiting subsection (1) , the arrangement— may provide for the exercise by the chairperson of functions conferred under the complementary witness protection law; and must include procedures under which the approved authority shares with the State the costs incurred under the arrangements; and may provide for the approved authority to make available to the chairperson the statements, transcripts of evidence and other documents necessary to help the chairperson decide— whether to provide protection or help to a person under this Act; and what protection and help are appropriate for a person.\n- (a) may provide for the exercise by the chairperson of functions conferred under the complementary witness protection law; and\n- (b) must include procedures under which the approved authority shares with the State the costs incurred under the arrangements; and\n- (c) may provide for the approved authority to make available to the chairperson the statements, transcripts of evidence and other documents necessary to help the chairperson decide— (i) whether to provide protection or help to a person under this Act; and (ii) what protection and help are appropriate for a person.\n- (i) whether to provide protection or help to a person under this Act; and\n- (ii) what protection and help are appropriate for a person.\n- (i) whether to provide protection or help to a person under this Act; and\n- (ii) what protection and help are appropriate for a person.","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Approved authorities","content":"### sec.41 Approved authorities\n\nA regulation may authorise the chief executive officer of an approved authority to exercise powers conferred on the chairperson under this Act, other than under section 33 , for an arrangement made under section 40 or the corresponding provision of a complementary witness protection law.\ns 41 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Arrangements for Commonwealth identity documents","content":"### sec.42 Arrangements for Commonwealth identity documents\n\nThe Minister may, for the State, enter into an arrangement with the Minister responsible for the administration of the Witness Protection Act 1994 (Cwlth) about the issue of Commonwealth identity documents within the meaning of that Act.","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Providing information to approved authorities","content":"### sec.43 Providing information to approved authorities\n\nThis section applies if—\na person has been given a new identity or relocated under this Act; and\nany of the following entities notifies the chairperson that the person is under investigation for, has been arrested for, or has been charged with, a serious offence—\nan approved authority;\nthe commissioner of the police service;\nthe senior executive officer (crime) under the Crime and Corruption Act 2001 .\nThe chairperson may do any 1 or more of the following things—\nrelease to the entity notifying the chairperson under subsection (1) (b) ( notifying entity ) the person’s new identity or location;\nprovide the notifying entity with the person’s criminal history and fingerprints;\nif the chairperson considers it appropriate in the circumstances—\nrelease to the notifying entity information relating to the person; or\nallow officers of the notifying entity to interview witness protection officers in relation to the protected witness.\nIn this section—\nserious offence means an offence against a law of Queensland, the Commonwealth, or another State, that is punishable by at least 1 year’s imprisonment.\ns 43 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.43-ssec.1) This section applies if— a person has been given a new identity or relocated under this Act; and any of the following entities notifies the chairperson that the person is under investigation for, has been arrested for, or has been charged with, a serious offence— an approved authority; the commissioner of the police service; the senior executive officer (crime) under the Crime and Corruption Act 2001 .\n(sec.43-ssec.2) The chairperson may do any 1 or more of the following things— release to the entity notifying the chairperson under subsection (1) (b) ( notifying entity ) the person’s new identity or location; provide the notifying entity with the person’s criminal history and fingerprints; if the chairperson considers it appropriate in the circumstances— release to the notifying entity information relating to the person; or allow officers of the notifying entity to interview witness protection officers in relation to the protected witness.\n(sec.43-ssec.3) In this section— serious offence means an offence against a law of Queensland, the Commonwealth, or another State, that is punishable by at least 1 year’s imprisonment.\n- (a) a person has been given a new identity or relocated under this Act; and\n- (b) any of the following entities notifies the chairperson that the person is under investigation for, has been arrested for, or has been charged with, a serious offence— (i) an approved authority; (ii) the commissioner of the police service; (iii) the senior executive officer (crime) under the Crime and Corruption Act 2001 .\n- (i) an approved authority;\n- (ii) the commissioner of the police service;\n- (iii) the senior executive officer (crime) under the Crime and Corruption Act 2001 .\n- (i) an approved authority;\n- (ii) the commissioner of the police service;\n- (iii) the senior executive officer (crime) under the Crime and Corruption Act 2001 .\n- (a) release to the entity notifying the chairperson under subsection (1) (b) ( notifying entity ) the person’s new identity or location;\n- (b) provide the notifying entity with the person’s criminal history and fingerprints;\n- (c) if the chairperson considers it appropriate in the circumstances— (i) release to the notifying entity information relating to the person; or (ii) allow officers of the notifying entity to interview witness protection officers in relation to the protected witness.\n- (i) release to the notifying entity information relating to the person; or\n- (ii) allow officers of the notifying entity to interview witness protection officers in relation to the protected witness.\n- (i) release to the notifying entity information relating to the person; or\n- (ii) allow officers of the notifying entity to interview witness protection officers in relation to the protected witness.","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Immunity from legal proceedings for exercise of functions under Act","content":"### sec.44 Immunity from legal proceedings for exercise of functions under Act\n\nA person is not liable to any action, suit or proceedings for an act done or omitted to be done by the person in good faith and without negligence in the exercise or purported exercise of a function conferred by this Act.\nIf subsection (1) prevents a liability attaching to a person, liability attaches instead to the State.\nSubsection (2) does not apply to an officer of an approved authority.\n(sec.44-ssec.1) A person is not liable to any action, suit or proceedings for an act done or omitted to be done by the person in good faith and without negligence in the exercise or purported exercise of a function conferred by this Act.\n(sec.44-ssec.2) If subsection (1) prevents a liability attaching to a person, liability attaches instead to the State.\n(sec.44-ssec.3) Subsection (2) does not apply to an officer of an approved authority.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Access to registers","content":"### sec.45 Access to registers\n\nA person other than the following is not entitled to inspect a register kept under this Act—\nthe chairperson;\na commissioner under the Crime and Corruption Act 2001 ;\na senior executive officer under the Crime and Corruption Act 2001 ;\na witness protection officer;\nthe parliamentary commissioner.\ns 45 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n- (a) the chairperson;\n- (b) a commissioner under the Crime and Corruption Act 2001 ;\n- (c) a senior executive officer under the Crime and Corruption Act 2001 ;\n- (d) a witness protection officer;\n- (e) the parliamentary commissioner.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notifying persons of decisions","content":"### sec.46 Notifying persons of decisions\n\nThis section applies if the chairperson is required under this Act to notify a person about the person’s involvement in the witness protection program.\nThe chairperson may notify the person of the decision in the way the chairperson considers appropriate.\nThe chairperson may arrange for the person to be shown a written notice stating the decision and asked to sign an acknowledgement of having read and understood the notice.\nA notice to be given to a minor may be given to a parent or guardian of the minor.\nA notice to be given to an adult with impaired capacity may be given to—\na person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 ; or\na guardian for the adult under the Guardianship and Administration Act 2000 .\ns 46 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.46-ssec.1) This section applies if the chairperson is required under this Act to notify a person about the person’s involvement in the witness protection program.\n(sec.46-ssec.2) The chairperson may notify the person of the decision in the way the chairperson considers appropriate. The chairperson may arrange for the person to be shown a written notice stating the decision and asked to sign an acknowledgement of having read and understood the notice.\n(sec.46-ssec.3) A notice to be given to a minor may be given to a parent or guardian of the minor.\n(sec.46-ssec.4) A notice to be given to an adult with impaired capacity may be given to— a person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 ; or a guardian for the adult under the Guardianship and Administration Act 2000 .\n- (a) a person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 ; or\n- (b) a guardian for the adult under the Guardianship and Administration Act 2000 .","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Special provision about minors and adults with impaired capacity","content":"### sec.47 Special provision about minors and adults with impaired capacity\n\nThis section applies to a notice, agreement, acknowledgement or another document to be signed by a protected witness who is a minor or a person with impaired capacity.\nA document to be signed by a minor may be signed by a parent or guardian of the minor.\nA document to be signed by an adult with impaired capacity may be signed by—\na person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 ; or\na guardian of the adult under the Guardianship and Administration Act 2000 .\n(sec.47-ssec.1) This section applies to a notice, agreement, acknowledgement or another document to be signed by a protected witness who is a minor or a person with impaired capacity.\n(sec.47-ssec.2) A document to be signed by a minor may be signed by a parent or guardian of the minor.\n(sec.47-ssec.3) A document to be signed by an adult with impaired capacity may be signed by— a person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 ; or a guardian of the adult under the Guardianship and Administration Act 2000 .\n- (a) a person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 ; or\n- (b) a guardian of the adult under the Guardianship and Administration Act 2000 .","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Delegation","content":"### sec.48 Delegation\n\nThe chairperson may delegate powers of the chairperson under this Act to an appropriately qualified witness protection officer.\nHowever, the chairperson must not delegate—\nthe power to decide to offer protection other than interim protection or protection under a short-term protection arrangement; or\nthe power to end protection—\nwithout a protected witness’s agreement; or\nafter being given oral notice of a protected witness’s withdrawal from the program; or\nthe power to give a certificate under section 25 (2) (a) .\nIn this section—\nappropriately qualified , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.\ns 48 amd 2001 No. 69 s 378 sch 1 ; 2005 No. 45 s 64 ; 2006 No. 41 s 60 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.48-ssec.1) The chairperson may delegate powers of the chairperson under this Act to an appropriately qualified witness protection officer.\n(sec.48-ssec.2) However, the chairperson must not delegate— the power to decide to offer protection other than interim protection or protection under a short-term protection arrangement; or the power to end protection— without a protected witness’s agreement; or after being given oral notice of a protected witness’s withdrawal from the program; or the power to give a certificate under section 25 (2) (a) .\n(sec.48-ssec.3) In this section— appropriately qualified , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.\n- (a) the power to decide to offer protection other than interim protection or protection under a short-term protection arrangement; or\n- (b) the power to end protection— (i) without a protected witness’s agreement; or (ii) after being given oral notice of a protected witness’s withdrawal from the program; or\n- (i) without a protected witness’s agreement; or\n- (ii) after being given oral notice of a protected witness’s withdrawal from the program; or\n- (c) the power to give a certificate under section 25 (2) (a) .\n- (i) without a protected witness’s agreement; or\n- (ii) after being given oral notice of a protected witness’s withdrawal from the program; or","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Approval of forms","content":"### sec.49 Approval of forms\n\nThe chairperson may approve forms for use under this Act.\ns 49 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Proceedings","content":"### sec.50 Proceedings\n\nProceedings for an offence against this Act may be taken in a summary way under the Justices Act 1886 .","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Regulation-making power","content":"### sec.51 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":68},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":69},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 56 of 2000","content":"## Transitional provisions for Act No. 56 of 2000","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Existing witness protection program","content":"### sec.53 Existing witness protection program\n\nOn the commencement of this section, a person included in the witness protection program under the Criminal Justice Act 1989 immediately before the commencement is taken to be included in the witness protection program under this Act.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Existing memorandum of understanding","content":"### sec.54 Existing memorandum of understanding\n\nOn the commencement of this section, a document signed by a person included in the witness protection program under the Criminal Justice Act 1989 and purporting to be a memorandum of understanding that is in force is taken to be a protection agreement signed by a protected witness under this Act.\nIf the memorandum of understanding does not include a condition to the effect of the mandatory condition, the memorandum is taken to include the mandatory condition.\n(sec.54-ssec.1) On the commencement of this section, a document signed by a person included in the witness protection program under the Criminal Justice Act 1989 and purporting to be a memorandum of understanding that is in force is taken to be a protection agreement signed by a protected witness under this Act.\n(sec.54-ssec.2) If the memorandum of understanding does not include a condition to the effect of the mandatory condition, the memorandum is taken to include the mandatory condition.","sortOrder":72},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005","content":"## Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definitions for div 2","content":"### sec.55 Definitions for div 2\n\nIn this division—\namendment Act means the Cross-Border Law Enforcement Legislation Amendment Act 2005 .\ncommencement day means the day on which part 4 of the amendment Act commences.\nformer , of a provision mentioned in this division, means the provision to which the reference relates is a provision of the pre-amended Act.\nnew , of a provision mentioned in this division, means the provision to which the reference relates is a provision of the post-amended Act.\npre-amended Act means this Act as in force immediately before the commencement day.\npost-amended Act means this Act as in force from the commencement day.\ns 55 ins 2005 No. 45 s 65","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Existing non-disclosure certificates","content":"### sec.56 Existing non-disclosure certificates\n\nThis section applies to a non-disclosure certificate given to an entity under former section 24(2) (an existing non-disclosure certificate ).\nThe existing non-disclosure certificate is taken to be a non-disclosure certificate given, and filed with the entity, under new section 25(2).\nThe person in relation to whom the existing non-disclosure certificate was given is taken to be a protected witness under new part 3, division 2.\nIf, before the commencement, the entity has given leave, under former section 27(1), to a person to ask questions of a witness or make a statement, the leave is taken to be leave given to the person under new section 27A(2)(a).\ns 56 ins 2005 No. 45 s 65\n(sec.56-ssec.1) This section applies to a non-disclosure certificate given to an entity under former section 24(2) (an existing non-disclosure certificate ).\n(sec.56-ssec.2) The existing non-disclosure certificate is taken to be a non-disclosure certificate given, and filed with the entity, under new section 25(2).\n(sec.56-ssec.3) The person in relation to whom the existing non-disclosure certificate was given is taken to be a protected witness under new part 3, division 2.\n(sec.56-ssec.4) If, before the commencement, the entity has given leave, under former section 27(1), to a person to ask questions of a witness or make a statement, the leave is taken to be leave given to the person under new section 27A(2)(a).","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Provision about notice under pre-amended Act","content":"### sec.57 Provision about notice under pre-amended Act\n\nThis section applies if, before the commencement day—\na person has notified the chairperson, under former section 24(1), that the person is or may be required to give evidence; and\nthe chairperson has not given an entity a non-disclosure certificate relating to the person under former section 24(2).\nThe person is taken to be a protected witness who has notified the chairperson under new section 25(1).\ns 57 ins 2005 No. 45 s 65\n(sec.57-ssec.1) This section applies if, before the commencement day— a person has notified the chairperson, under former section 24(1), that the person is or may be required to give evidence; and the chairperson has not given an entity a non-disclosure certificate relating to the person under former section 24(2).\n(sec.57-ssec.2) The person is taken to be a protected witness who has notified the chairperson under new section 25(1).\n- (a) a person has notified the chairperson, under former section 24(1), that the person is or may be required to give evidence; and\n- (b) the chairperson has not given an entity a non-disclosure certificate relating to the person under former section 24(2).","sortOrder":76}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been expanded beyond a single, long‑term witness protection regime. Key scope extensions include: (1) short‑term, purpose‑specific protection arrangements and interim protection (ss 14A–14F, s 9) that broaden the program to temporary needs such as court attendance; (2) explicit cross‑border and inter‑jurisdictional recognition and cooperation (ss 33–34, 40–42, 27B) to work with Commonwealth and other States’ witness protection laws; (3) powers to authorise new identities for witness protection officers (s 20A) as well as protected witnesses; (4) strengthened non‑disclosure/certification and court leave procedures (ss 25–27A) introduced by amendment, and related confidentiality offences (ss 36–37) with extended penalties; and (5) operational additions—training, registers, and data‑sharing/cost‑sharing arrangements (ss 35, 40). These changes materially broaden the instrument from a narrowly domestic witness‑identity program to a more flexible, multi‑jurisdictional system with temporary protection arrangements and expanded secrecy and document‑creation powers."},"complexity_factors":["Multiple decision pathways: inclusion (s 6), interim protection (s 9), short‑term arrangements (ss 14A–14F) and termination (s 14/14F) create nested conditional logic","Cross‑jurisdictional interactions and recognition: numerous cross‑references to complementary witness protection laws, Commonwealth Act, and approved authorities (ss 33–34, 40–42)","Delegation and discretion with limits: broad chairperson powers but specific non‑delegable powers and required procedural steps (ss 48, 11, 14)","Identity creation machinery: multi‑step process involving application (s 16), authorising officer (s 17), registrar‑general assistance (s 18) and statutory effect of created identities (s 19)","Confidentiality and court procedure complexity: non‑disclosure certificates, court filing rules, leave tests, closed hearings and suppression orders (ss 25–27A)","Criminal offences and exceptions: overlapping secrecy offences (ss 36–37) with detailed exceptions and differing maximum penalties","Administrative registers and record rules with overriding and exception clauses (ss 22, 35, 45)","Significant cross‑references to other Acts and recent amendments noted in marginal notes (e.g. Crime and Corruption Act, Public Records Act), increasing interpretive burden","Transitional provisions and historical amendments (Pt 5) that retain prior arrangements and certificates, creating continuity rules to be considered in application"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes and runs a formal witness protection program administered by a chairperson and witness protection officers. The chairperson decides who is admitted, on what terms, and may enter protection agreements that specify conditions and assistance (ss 5–8).\n\n- Allows urgent, temporary protection (interim protection) while a formal inclusion decision is made (s 9). It also creates a separate short-term protection scheme for narrowly‑scoped, purpose‑specific protection (for example, to attend court) with arrangements that state a purpose and period (ss 14A–14F).\n\n- Requires a written protection agreement (or interim/short‑term arrangement) to be signed; such agreements must include a mandatory termination condition and may include other conditions (ss 7–8, 10–11).\n\n- Gives the chairperson authority to end, vary or suspend protection in defined circumstances (offending, serious breach of conditions, threats to the integrity of the program, inability to protect the person) and sets procedural steps before termination (ss 11–14, 14C–14F).\n\n- Empowers the chairperson and an authorised authorising officer to obtain new identity documents for protected witnesses (including creation of birth certificates), and overrides other laws if necessary to get and record identity documents (ss 15–19, 20, 20A). A new identity created under this Act is treated as the person’s actual identity while it remains in force (s 19).\n\n- Provides limits on what documents may be obtained for a protected witness (no fabricated qualifications or benefits) and allows special commercial arrangements so a protected witness can enter contracts without revealing a former identity (ss 28–29).\n\n- Creates confidentiality protections for the identities and locations of protected witnesses: the chairperson must be notified if a protected witness may be required to give evidence, the chairperson issues a non‑disclosure certificate to the court and files it (s 25); where a non‑disclosure certificate is filed, questions or evidence that could reveal the protected identity or residence are forbidden unless the court gives leave under strict tests (ss 26–27A). Courts have procedures (closed hearings, suppression orders, transcript controls) to handle applications for disclosure (s 27A).\n\n- Establishes criminal offences for unauthorised disclosure about protected persons or the program (maximum penalties up to 10 years for serious breaches) and for certain disclosures by prescribed persons (s 36–37). There are also penalties for misuse of former identity documents (s 23).\n\n- Allows the chairperson to share information with investigative authorities where a protected person is under investigation or charged with a serious offence (s 43).\n\n- Provides operational and administrative rules: training and registers must be kept, limited access to registers, immunities for officials acting in good faith, delegation rules and transitional provisions (ss 35, 44, 45, 48, Pt 5).\n\n- Enables formal arrangements and cooperation with Commonwealth and other States’ witness protection schemes and approved authorities, including cost‑sharing and data‑sharing arrangements and recognition of corresponding certificates issued under other jurisdictions’ laws (ss 33–34, 40–42, 41, 27B).\n\n**Who is affected**\n\n- Protected witnesses and any family or associates whose safety or identity may be managed under the program (ss 5–6).\n- The chairperson and witness protection officers who run the program and exercise broad discretion (many sections throughout).\n- Identity document issuers, registrars and agencies that may be required to issue documents or make record entries on the chairperson’s direction (ss 15, 18, 20, 20A).\n- Courts, parties and lawyers involved in proceedings with protected witnesses (ss 24–27A).\n- Law enforcement and approved authorities who may apply for protection for witnesses and who may receive disclosures from the chairperson in certain circumstances (ss 6, 40, 43).\n- Anyone who receives confidential information about protected persons (criminal penalties apply where disclosure is unauthorised) (ss 36–37).\n\n**Why it matters (stated purpose and practical trade‑offs)**\n\n- The statute’s stated purpose is to protect people who assist law enforcement by placing them under a controlled protection regime, including creating secure new identities and restricting public disclosure (ss 5–6, 15–20, 25–27). That purpose is implemented by concentrating decision‑making power in the chairperson with statutory tools to create identities, restrict disclosure, and coordinate with other jurisdictions (multiple sections cited above).\n\n- Costs and who pays: administrative and operational costs of protection and identity creation are borne by the State and, where arrangements exist, shared with approved authorities (s 40). The chairperson may enter arrangements obliging other authorities to assist with documents (s 15), which imposes compliance cost and administrative burden on registries and agencies.\n\n- Incentives and behaviour changes: the program reduces the personal risk to witnesses who cooperate with investigations, which may increase cooperation with law enforcement. It also creates incentives for the chairperson to screen applicants (s 6) and to impose behavioural conditions on protected witnesses (s 8). The law contains measures (s 31) to reduce the incentive to use a new identity to evade prior obligations.\n\n- Trade‑offs and implementation risks: the Act gives wide executive discretion (admission, variation, suspension, identity creation, disclosure to other agencies). That discretion increases operational flexibility but raises implementation and oversight challenges (need for careful record‑keeping, training, and strict confidentiality to avoid leaks) (ss 35, 36, 48). The law protects officials by limiting personal liability for good‑faith, non‑negligent acts (s 44), transferring residual liability to the State.\n\n- Effects on private enterprise and documents: registrars and other document issuers are required to act despite other laws (ss 15, 20, 20A). The Act also protects those public officials and third parties from civil or criminal liability for issuing protected documents (s 20). This reduces legal risk for agencies but may produce administrative complexity in maintaining accurate public records and reconciling competing legal interests (e.g. public records vs. confidentiality) (ss 22, 20, 15).\n\n- Court process and evidence management: the non‑disclosure certificate regime substantially limits lines of questioning and publication about protected identities (ss 26–27). Courts may, in limited circumstances (strict test), allow targeted disclosure or questioning with closed‑court and suppression orders (s 27A). That balances the accused’s right to test credibility against witness safety, but requires courts to make judgment calls about necessity and proportionality.\n\n**Concrete mechanisms worth noting**\n\n- Chairperson decides inclusion, prepares and enforces protection agreements (ss 6–8).\n- Authorising officer + registrar‑general mechanism to create birth certificates and new identities (ss 16–19).\n- Non‑disclosure certificates filed with courts restrict evidence and questioning unless the court grants leave after satisfying strict conditions (ss 25–27A).\n- Criminal offences for unauthorised disclosure and misuse of documents; penalties scale with seriousness (ss 23, 36–37).\n- Arrangements with other jurisdictions and approved authorities allow cross‑jurisdictional identity creation and cost‑sharing (ss 33–34, 40–42).\n\n(References in parentheses are to sections of the Witness Protection Act 2000.)"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3493},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original core function of providing long-term relocation and new identities to witnesses. It now includes: (1) Part 2A 'short-term protection' for temporary, purpose-specific protection without full program entry; (2) Section 20A allowing new identities for witness protection officers themselves, not just witnesses; (3) Complex court management procedures (Part 3, Division 2) for handling non-disclosure certificates and cross-examination of protected witnesses; and (4) Extensive inter-governmental coordination mechanisms for sharing costs and information with other states and the Commonwealth. The Act has evolved from a simple witness relocation scheme into a comprehensive, tiered safety system."},"complexity_factors":["Dense internal cross-referencing (e.g., frequent citations like 'section 6(1)(a)(i)' create a web of dependencies between admission criteria and termination grounds)","Layered legislative structure (5 Parts, multiple Divisions, 57 sections with nested subsections, paragraphs and sub-paragraphs up to 4 levels deep)","Context-sensitive definitions (e.g., 'protected identity' switches meaning depending on whether the witness is testifying under their new or former name)","Exception stacking (offence provisions in sections 36–37 contain multiple nested carve-outs and exceptions, including historical references to repealed provisions)","Inter-jurisdictional mechanics (complex recognition of interstate and Commonwealth witness protection schemes, including 'complementary witness protection laws' and 'approved authorities')","Dual procedural tracks (parallel but distinct systems for full program membership, interim protection, and short-term protection arrangements, each with different rules for variation, suspension, and termination)","Court procedure integration (elaborate rules in Part 3, Division 2 governing non-disclosure certificates, closed courts, and suppression orders interface with general evidence law)"],"plain_english_summary":"**What this Act does**\n\nThis legislation creates Queensland’s **witness protection program**—a system run by the chairperson of the Crime and Corruption Commission (CCC) to protect people whose safety is at risk because they have helped, or are helping, police or other law enforcement agencies.\n\n**Who it protects**\n\nThe program covers:\n*   **Witnesses** who give information or evidence about crimes\n*   **Family members and associates** who face danger because of their relationship with a witness\n*   **Witness protection officers** themselves, when their safety requires a new identity\n\n**How protection works**\n\n*   **Protection agreements**: The chairperson signs a contract with the protected person setting out rules (called “conditions”). These can include requirements to obey the law, undergo medical tests, surrender passports, or notify the chairperson of legal proceedings. Breaking these rules can result in being thrown out of the program.\n*   **Interim protection**: If someone faces immediate danger, the chairperson can grant emergency protection while deciding whether to admit them to the full program.\n*   **Short-term protection**: For people who need protection for a specific purpose (such as safely attending court to give evidence) but do not need long-term relocation or a new identity.\n*   **Ending protection**: Protection can end if the person commits a serious crime, breaches the agreement, withdraws voluntarily, or can no longer be kept safe.\n\n**New identities**\n\nThe Act allows the chairperson to apply for a **new identity authority**, which legally authorises the creation of a new birth certificate. Once issued, this new identity is treated as the person’s real identity for all legal purposes. The Act overrides other laws to allow government agencies to issue documents (like driver licences) under the new name. When protection ends, the chairperson can require the person to return identity documents so their former identity can be restored.\n\n**Court cases and secrecy**\n\nIf a protected witness must give evidence in court, special **non-disclosure certificates** prevent lawyers, judges, and witnesses from revealing the person’s real name or location. In exceptional circumstances, a judge may allow limited disclosure to test the witness’s credibility, but only under strict conditions (closed courts, suppression orders). Breaching these secrecy rules is a criminal offence carrying up to 10 years imprisonment.\n\n**Why it matters**\n\nThe Act balances two needs: keeping witnesses safe from retaliation so they can help bring criminals to justice, while ensuring the justice system remains fair and transparent. It provides the legal authority for the government to create false identities—a power that would otherwise be illegal—and establishes strict criminal penalties for anyone who reveals secrets about the program."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act (2000) focused on a single witness protection program with full membership. Over time, amendments significantly expanded scope: a short-term protection regime (Part 2A, inserted in 2006) was added for people who don't need full program inclusion; identity protection for witness protection officers themselves was added (s.20A, 2004); and the court proceedings framework was substantially overhauled (2005) to introduce the detailed non-disclosure certificate system with its exception application process. These additions meaningfully broadened the Act beyond its original focus on long-term witness protection program membership."},"complexity_factors":["Multiple interacting legal mechanisms (program agreements, short-term arrangements, identity documents, court certificates) that cross-reference each other extensively","Significant discretionary powers given to the chairperson with multiple layers of conditions and exceptions that must be read together","Tension between competing legal principles — witness safety versus the accused's right to test evidence — resolved through a carefully structured court application process","Override provisions that cut across other Queensland and Commonwealth laws (e.g., 'this section applies despite any other Act or law'), requiring understanding of the broader legal ecosystem","Multiple categories of protected persons (full program witnesses, short-term protected persons, witness protection officers themselves) each with slightly different rules","Criminal offences embedded throughout the Act with varying fault elements (intentional, knowing, reckless) that require careful reading","Interaction with complementary laws in other States and the Commonwealth, with recognition of 'corresponding' certificates and laws","Identity creation provisions that deliberately create legal fictions (new birth certificates treated as real for all purposes) with complex implications for contract law, criminal law and civil rights","Procedural rules for court proceedings (closed hearings, jury exclusion, suppression orders, transcript handling) that lawyers need to apply carefully"],"plain_english_summary":"Queensland’s Witness Protection Act 2000 establishes a formal program to protect witnesses, informants, their families and associates (and some officers) when cooperation with law enforcement puts them at risk. It creates protection agreements, permits creation of new legal identities and documents, provides short-term protection, and restricts court disclosure of identities. The Act preserves witness safety while balancing defendants’ rights to test evidence."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-act-2000","history":"/api/acts/witness-protection-act-2000/history","analysis":"/api/acts/witness-protection-act-2000/analysis","conflicts":"/api/acts/witness-protection-act-2000/conflicts","importantCases":"/api/acts/witness-protection-act-2000/important-cases","documents":"/api/acts/witness-protection-act-2000/documents"}}