{"id":"witness-protection-northern-territory-act-2002","name":"Witness Protection (Northern Territory) Act 2002","slug":"witness-protection-northern-territory-act-2002","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30718,"registerId":"nt-witness-protection-northern-territory-act-2002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Witness Protection (Northern Territory) Act 2002","content":"NORTHERN TERRITORY OF AUSTRALIA\nWITNESS PROTECTION (NORTHERN TERRITORY) ACT 2002\nAs in force at 3 March 2023\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Declaration of approved authorities and complementary\nwitness protection laws etc. ............................................................. 4\nPart 2 Territory witness protection program\nDivision 1 Establishment\n5 Commissioner to establish Territory witness protection\nprogram ........................................................................................... 5\n6 Commercial arrangements for benefit of participant ........................ 6\nDivision 2 Inclusion of witnesses etc. in TWPP\n7 Conditions on which witness or family member included in\nTWPP .............................................................................................. 7\n8 Decision of Commissioner whether to include witness or family\nmember ........................................................................................... 7\n9 Commissioner to receive information before making decision\nto include witness or family member................................................ 8\n10 Memorandum of understanding: content ........................................ 9\n11 Memorandum of understanding: signing ...................................... 10\n12 Memorandum of understanding: amending .................................. 11\n13 Commissioner must take action to protect etc. .............................. 11\nDivision 3 New identities for participants\n14 Application to Supreme Court for order ......................................... 11\n15 Power of Supreme Court to make order ........................................ 12\n16 Effect of order authorising new identity.......................................... 12\n17 Commissioner to maintain records of original entries in\nRegister ......................................................................................... 13\n18 Marriage of participant who has been given new identity .............. 13\n\nWitness Protection (Northern Territory) Act 2002 ii\nDivision 4 Termination of inclusion in TWPP\nSubdivision 1 Cessation of protection and assistance\n19 Termination of protection etc. by Commissioner or Deputy\nCommissioner................................................................................ 14\n20 Procedure for involuntary termination of protection etc. ................ 15\n21 When involuntary termination takes effect ..................................... 15\n22 Effect of termination of protection and assistance ......................... 16\nSubdivision 2 Restoration of former identity of former\nparticipant\n23 Restoration of former identity......................................................... 16\n24 When Commissioner or Deputy Commissioner may take\naction to restore former identity ..................................................... 17\n25 Commissioner or Deputy Commissioner must apply to\nSupreme Court to restore former identity ...................................... 18\n26 Approved authority may apply to Court to restore former\nidentity ........................................................................................... 18\n27 Power of Supreme Court to make order ........................................ 18\n28 Registrar to cancel new identity ..................................................... 19\n29 Effect of cancellation of new identity.............................................. 19\nPart 2A Assumed identities for ICAC witnesses\nDivision 1 Preliminary matters\n29A Application of Part ......................................................................... 20\nDivision 2 Orders for protection\n29B Application by ICAC for order ........................................................ 20\n29C Power of Supreme Court to make order ........................................ 20\nDivision 3 Arrangements for protection\n29D Memorandum of understanding – content ..................................... 21\n29E Memorandum of understanding – signing ..................................... 23\n29F Memorandum of understanding – amending ................................. 23\nDivision 4 Restoration of former identity of former ICAC\nwitness\n29G Restoration of former identity......................................................... 24\n29H When ICAC may take action to restore former identity .................. 24\n29J ICAC must apply to Supreme Court to restore former identity ....... 25\n29K Approved authority may apply to Court to restore former\nidentity ........................................................................................... 25\n\nWitness Protection (Northern Territory) Act 2002 iii\n29L Power of Supreme Court to make order ........................................ 26\nPart 3 Arrangements between Commissioner and\napproved authorities\n30 Arrangements with approved authorities ....................................... 26\n31 Exercise of powers etc. by Commissioner etc. under\ncomplementary witness protection law .......................................... 27\n32 Exercise of powers etc. under this Act by approved authority ....... 27\nPart 4 Offences\n33 Offences relating to disclosure of information about\nparticipants .................................................................................... 28\n34 Offences relating to disclosure of information by participants ........ 29\n35 Person who has new identity not to use documents relating to\nformer identity ................................................................................ 30\nPart 5 Miscellaneous\n36 Provision of information about participant or former participant\nto approved authorities .................................................................. 30\n37 Commissioner may delegate powers and functions under this\nAct ................................................................................................. 31\n38 Proceedings in Supreme Court to be closed to public ................... 31\n39 Immunity from proceedings ........................................................... 32\n40 Double jeopardy ............................................................................ 32\n41 Regulations.................................................................................... 33\n42 Transitional .................................................................................... 33\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 3 March 2023\n____________________\nWITNESS PROTECTION (NORTHERN TERRITORY) ACT 2002\nAn Act to establish a program to arrange and provide protection and\nassistance to persons who are or have been witnesses in criminal\nproceedings, and to other persons, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Witness Protection (Northern Territory)\nAct 2002.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Interpretation\n(1) In this Act:\napproved authority means:\n(aa) the ICAC; or\n(a) the Commissioner of the Australian Federal Police; or\n(b) the highest ranking officer (however designated) of the police\nforce of a State or another Territory of the Commonwealth; or\n(c) the Chief Executive Officer of the Australian Crime\nCommission established by the Australian Crime Commission\nAct 2002 of the Commonwealth; or\n(d) an authority or body of the Commonwealth or a State or\nTerritory of the Commonwealth that the Minister declares\nunder section 4(1) to be an approved authority.\nauthorised member of the Police Force means a member of the\nPolice Force who is authorised under an instruction given by the\nCommissioner or a general order made under section 14A of the\n\nPart 1 Preliminary\nWitness Protection (Northern Territory) Act 2002 2\nPolice Administration Act 1978 to carry out duties for the purposes\nof giving protection and assistance under the TWPP to a witness or\nfamily member.\nCommissioner means the Commissioner of Police.\ncomplementary witness protection law means:\n(a) the Witness Protection Act 1994 of the Commonwealth; or\n(b) a law of a State or another Territory of the Commonwealth\nthat:\n(i) makes provision for the protection of witnesses or family\nmembers; and\n(ii) is declared by the Minister under section 4(3) to be a\ncomplementary witness protection law.\ncomplementary witness protection program means a witness\nprotection program established under a complementary witness\nprotection law.\nDeputy Commissioner has the same meaning as in the Police\nAdministration Act 1978.\nfamily member, of a witness, means:\n(a) a spouse or de facto partner of the witness; or\n(b) a person who is related to or associated with the witness.\nformer identity, in relation to a person who was a participant who\nwas given a new identity, means the identity of the person before\nthe person was given the new identity.\nICAC Act means the Independent Commissioner Against\nCorruption Act 2017.\nICAC examination means an examination as defined in section 4\nof the ICAC Act.\nICAC investigation means an investigation as defined in section 4\nof the ICAC Act.\nICAC witness means a person mentioned in the definition witness,\nparagraph (d).\nInspector, see section 4 of the ICAC Act.\n\nPart 1 Preliminary\nWitness Protection (Northern Territory) Act 2002 3\nmemorandum of understanding means a memorandum of\nunderstanding entered into in respect of a witness or family\nmember under Part 2, Division 2.\nnew identity, in relation to a participant, means the identity given to\nthe participant under Part 2, Division 3 as a means of providing\nprotection and assistance to the participant under the TWPP.\nofficer of an approved authority means:\n(a) an employee, member or officer (however described) of the\nauthority or body administered by an approved authority\nreferred to in paragraph (a), (b) or (c) of the definition of\napproved authority; or\n(b) a person who is an employee, member or officer (however\ndescribed) of an approved authority referred to in\nparagraph (d) of the definition of approved authority.\nparticipant means a witness or family member who receives\nprotection or assistance under the TWPP.\npublic inquiry, see section 4 of the ICAC Act.\nrecognised participant means a witness or family member who\nreceives protection or assistance under a complementary witness\nprotection program.\nRegister has the same meaning as in the Births, Deaths and\nMarriages Registration Act 1996.\nRegistrar has the same meaning as in the Births, Deaths and\nMarriages Registration Act 1996.\nTWPP means the Territory witness protection program established\nand maintained under section 5 of this Act.\nwitness means a person who:\n(a) has given or agreed to give evidence on behalf of the Crown\nin:\n(i) proceedings for an offence against a law of the Territory,\nthe Commonwealth or a State or another Territory of the\nCommonwealth; or\n(ii) hearings or proceedings before an authority that the\nMinister declares under section 4(4) to be an authority to\nwhich this paragraph applies; or\n\nPart 1 Preliminary\nWitness Protection (Northern Territory) Act 2002 4\n(b) has given or agreed to give evidence, other than evidence\nreferred to in paragraph (a), in relation to the commission or\nalleged commission of an offence against a law of the\nTerritory, the Commonwealth or a State or another Territory of\nthe Commonwealth; or\n(c) has made a statement to a member of the Police Force, an\napproved authority or an officer of an approved authority in\nrelation to the commission or alleged commission of an\noffence against a law of the Territory, the Commonwealth or a\nState or another Territory of the Commonwealth; or\n(d) is a person for whom the ICAC may take action under\nsection 112 of the ICAC Act.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A reference in this Act to a parent or other person in relation to\nagreeing to inclusion in the TWPP, or consenting to or signing a\nmemorandum of understanding or an amendment to a\nmemorandum or understanding, for and on behalf of a witness,\nfamily member or participant who is less than 18 years of age or\nwho lacks legal capacity is a reference to a parent, guardian or\nother person who is usually responsible for the care and control of\nthe witness, family member or participant or to the legal personal\nrepresentative of the witness, family member or participant.\n4 Declaration of approved authorities and complementary\nwitness protection laws etc.\n(1) Subject to subsection (2), the Minister may, by notice in the\nGazette, declare an authority or body of the Commonwealth or of a\nState or Territory of the Commonwealth to be an approved\nauthority.\n(2) The Minister must not declare an authority or body to be an\napproved authority under subsection (1) unless the authority or\nbody is authorised under a law in force in the Commonwealth or the\nState or other Territory to conduct inquiries or investigations in\nrelation to conduct that constitutes or is alleged to constitute\ncriminal conduct, misconduct or corruption.\n(3) The Minister may, by notice in the Gazette, declare a law of a State\nor another Territory of the Commonwealth that makes provision for\nthe protection of witnesses or family members to be a\ncomplementary witness protection law.\n\nPart 2 Territory witness protection program\nDivision 1 Establishment\nWitness Protection (Northern Territory) Act 2002 5\n(4) The Minister may, by notice in the Gazette, declare an authority to\nbe an authority to which paragraph (a)(ii) of the definition of\nwitness in section 3(1) refers.\nPart 2 Territory witness protection program\nDivision 1 Establishment\n5 Commissioner to establish Territory witness protection\nprogram\n(1) The Commissioner must establish and maintain the Territory\nwitness protection program to arrange and provide protection and\nother assistance for witnesses and their family members.\n(2) The TWPP is to enable the Commissioner to take, or to authorise\nanother member of the Police Force to take, the action the\nCommissioner considers necessary and reasonable to provide the\nprotection and assistance to a witness or family member that will\nensure the safety and welfare of the witness or family member.\n(3) Without limiting subsection (2), the TWPP may enable the\nCommissioner or an authorised member of the Police Force to do\nany one or more of the following:\n(a) provide protection for a witness while attending a court or an\nICAC examination or public inquiry;\n(b) provide a witness or family member with a new identity;\n(c) apply for and obtain a document that is necessary to allow a\nwitness or family member to establish a new identity or\notherwise protect the witness or family member;\n(d) provide accommodation for a witness or family member;\n(e) relocate a witness or family member;\n(f) provide transport for a witness or family member and his or\nher property;\n(g) provide payment to a witness or family member for the\npurpose of meeting costs associated with relocation;\n(h) provide payment to a witness or family member for the\npurpose of meeting the reasonable living expenses of the\nwitness or family member and, whether directly or indirectly,\nother reasonable financial assistance;\n\nPart 2 Territory witness protection program\nDivision 1 Establishment\nWitness Protection (Northern Territory) Act 2002 6\n(i) provide assistance to a witness or family member to deal with\nany outstanding rights or obligations of the witness or family\nmember;\n(j) provide assistance to ensure that a witness or family member\nis able to comply with any restrictions that apply to the witness\nor family member;\n(k) provide assistance to a witness or family member in obtaining\nemployment or access to education;\n(l) provide other assistance to a witness or family member with a\nview to ensuring that the witness or family member becomes\nself-sustaining;\n(m) provide for the safety of the members of the Police Force who\ncarry out duties in relation to the TWPP, including permitting\nthe members to use assumed names and to carry\ndocumentation supporting those assumed names;\n(n) exercise a power or perform a function under a\ncomplementary witness protection law;\n(o) do any other thing that the Commissioner considers to be\nnecessary to ensure the safety of a witness or family member.\n(4) In applying for and obtaining documentation referred to in\nsubsection (3)(c), the Commissioner must not apply for and obtain\na document that represents a witness or family member as having a\nqualification that he or she does not have or as being entitled to a\nbenefit that he or she is not entitled to.\n(5) A member of the Police Force who uses an assumed name or\ncarries documentation supporting an assumed name in accordance\nwith the Commissioner's permission referred to in subsection (3)(m)\ndoes not, by doing so, commit an offence against any law in force in\na State or Territory of the Commonwealth\n6 Commercial arrangements for benefit of participant\nThe Commissioner may make commercial arrangements with a\nperson under which a participant who has been given a new identity\nis able to obtain benefits under a contract or arrangement without\nrevealing his or her former identity.\n\nPart 2 Territory witness protection program\nDivision 2 Inclusion of witnesses etc. in TWPP\nWitness Protection (Northern Territory) Act 2002 7\nDivision 2 Inclusion of witnesses etc. in TWPP\n7 Conditions on which witness or family member included in\nTWPP\n(1) A witness or family member is not to be given protection or\nassistance under the TWPP unless:\n(a) the Commissioner has decided that there is a risk to the safety\nand welfare of the witness or family member and because of\nthat risk the witness or family member needs protection and\nassistance of the kind able to be provided under the TWPP;\n(b) subject to paragraph (c) – the witness or family member\nagrees to be included in the TWPP;\n(c) if a witness or family member is less than 18 years of age or\notherwise lacks legal capacity – a parent or other person\nagrees for and on behalf of the witness or family member that\nthe witness or family member be included in the TWPP; and\n(d) a memorandum of understanding is in force in respect of the\nwitness or family member.\n(2) A witness or a family member of a witness is not to be given\nprotection or assistance under the TWPP for the sole purpose of\nrewarding the witness for giving evidence or making a statement or\npersuading or encouraging the witness to give evidence or make a\nstatement.\n8 Decision of Commissioner whether to include witness or\nfamily member\n(1) The Commissioner has the sole responsibility of deciding whether\nto include a witness or family member in the TWPP, including a\nwitness or family member who an approved authority has requested\nto be included in the TWPP.\n(2) In deciding whether to include a witness or family member in the\nTWPP, the Commissioner:\n(a) must have regard to the following:\n(i) whether the witness or family member has a criminal\nrecord, particularly in respect of indictable offences or\nviolence, and whether that record indicates a risk to the\npublic if the witness or family member is included in the\nTWPP;\n\nPart 2 Territory witness protection program\nDivision 2 Inclusion of witnesses etc. in TWPP\nWitness Protection (Northern Territory) Act 2002 8\n(ii) any psychological or psychiatric examination or\nevaluation that has been conducted to determine the\nwitness' or family member's suitability for inclusion in the\nTWPP;\n(iii) the seriousness of the offence or, in the case of an ICAC\nwitness, the conduct to which any relevant evidence or\nstatement of the witness relates;\n(iv) the nature and importance of the relevant evidence or\nstatement referred to in subparagraph (iii);\n(v) the nature of the perceived danger to the witness or\nfamily member;\n(vi) whether there are viable alternative methods of\nprotecting the witness or family member;\n(vii) the nature of the witness's relationship to other\nwitnesses being assessed for inclusion in the TWPP;\nand\n(b) may have regard to any other matters the Commissioner\nconsiders relevant.\n9 Commissioner to receive information before making decision\nto include witness or family member\n(1) The Commissioner must not decide whether to include a witness or\nfamily member in the TWPP unless he or she is satisfied that he or\nshe has received all the information necessary to assess whether\nor not to include the witness or family member in the TWPP.\n(2) For the purposes of receiving information referred to in\nsubsection (1), the Commissioner may:\n(a) require the witness or family member to:\n(i) undergo medical, psychological or psychiatric tests or\nexaminations; and\n(ii) make the results of the tests or examinations available to\nthe Commissioner; and\n(b) make any other inquiries and investigations in relation to the\nwitness or family member that the Commissioner considers\nappropriate.\n\nPart 2 Territory witness protection program\nDivision 2 Inclusion of witnesses etc. in TWPP\nWitness Protection (Northern Territory) Act 2002 9\n(3) The Regulations may prescribe information that a witness or family\nmember may or must provide to the Commissioner for the purpose\nof deciding whether to include the witness or family member in the\nTWPP.\n10 Memorandum of understanding: content\n(1) A memorandum of understanding must:\n(a) set out the basis on which the witness and the witness' family\nmembers (if any) to whom it relates are included in the TWPP;\n(b) set out details of the protection and assistance that are to be\nprovided to the witness and family members;\n(c) set out the effect of Division 4, Subdivision 1 of this Part; and\n(d) contain a statement advising the witness and family members\nof their right under the Ombudsman Act 2009 to complain to\nthe Ombudsman about the conduct of the Commissioner or\nanother member of the Police Force in relation to the matters\ndealt with in the memorandum.\n(2) A memorandum of understanding may contain:\n(a) the terms and conditions on which protection and assistance\nare to be provided to the witness and each family member;\n(b) requirements that the witness and each family member must\nnot engage in activities of a kind specified in the memorandum\nof understanding;\n(c) an undertaking by or on behalf of the witness and each family\nmember not to compromise, directly or indirectly, the security\nor any other aspect of the protection and assistance being\nprovided;\n(d) an undertaking by or on behalf of the witness and each family\nmember to comply with all reasonable directions of the\nCommissioner in relation to the protection and assistance\nprovided to the witness;\n(e) a list of:\n(i) the outstanding legal obligations (including family\nmaintenance obligations and taxation obligations) of the\nwitness and each family member; and\n(ii) any other obligations and relationships of the witness\nand each family member,\n\nPart 2 Territory witness protection program\nDivision 2 Inclusion of witnesses etc. in TWPP\nWitness Protection (Northern Territory) Act 2002 10\nand specify how they are to be dealt with;\n(f) a list of obligations that the witness and each family member\nmay or may not enter into;\n(g) details of any financial assistance to be given to the witness\nand each family member;\n(h) an undertaking by or on behalf of the witness and each family\nmember to disclose to the Commissioner details of any\ncriminal charges made against the witness or family member,\nand any civil or bankruptcy proceedings made in relation to\nthe witness or family member, after he or she is included in\nthe TWPP;\n(i) details concerning the surrender and issue of passports and\nthe issue of any other documents relating to the identity of the\nwitness and each family member; or\n(j) any other matter that the Commissioner considers\nappropriate.\n11 Memorandum of understanding: signing\n(1) A memorandum of understanding does not take effect until it is\nsigned in accordance with subsection (2).\n(2) A memorandum of understanding must be signed:\n(a) by the witness and each family member to whom it relates; or\n(b) if the witness or family member is less than 18 years of age or\nlacks legal capacity – by a parent or other person for and on\nbehalf of the witness or family member.\n(3) If:\n(a) a parent or other person signed a memorandum of\nunderstanding for and on behalf of a witness or family member\nwho was less than 18 years of age or lacked legal capacity;\nand\n(b) the memorandum of understanding is still effective after the\nwitness or family member becomes 18 years of age or attains\nlegal capacity,\nthe Commissioner may require the witness or family member to\nsign the memorandum of understanding.\n\nPart 2 Territory witness protection program\nDivision 3 New identities for participants\nWitness Protection (Northern Territory) Act 2002 11\n12 Memorandum of understanding: amending\n(1) Subject to subsection (2), the Commissioner may amend a\nmemorandum of understanding.\n(2) An amendment to a memorandum of understanding:\n(a) has no effect unless the participant or, if more than one, each\nparticipant to whom it relates or, if a participant is less than\n18 years of age or lacks legal capacity, a parent or other\nperson for and on behalf of the participant consents to the\namendment; and\n(b) is not to have the effect of removing from the memorandum of\nunderstanding the provisions referred to in section 10(1).\n13 Commissioner must take action to protect etc.\nIf:\n(a) a witness or family member is being assessed for inclusion in\nthe TWPP; or\n(b) a witness or family member is included in the TWPP,\nthe Commissioner must take, or authorise another member of the\nPolice Force to take, the action permitted under the TWPP that the\nCommissioner considers necessary and reasonable to provide the\nprotection and assistance to the witness or family member that will\nensure the witness' or family member's safety and welfare while\nalso protecting the safety of members of the Police Force.\nDivision 3 New identities for participants\n14 Application to Supreme Court for order\n(1) If the Commissioner decides to provide a participant with a new\nidentity, the Commissioner may apply to the Supreme Court for an\norder authorising the Registrar to make a new entry in the Register\nin respect of a participant.\n(2) If an approved authority decides to provide a recognised participant\nwith a new identity, the approved authority may apply to the\nSupreme Court for an order authorising the Registrar to make a\nnew entry in the Register in respect of a recognised participant.\n\nPart 2 Territory witness protection program\nDivision 3 New identities for participants\nWitness Protection (Northern Territory) Act 2002 12\n(3) An application under subsection (1) or (2) is to:\n(a) specify the nature of the new entry the Commissioner or\napproved authority seeks to be made in the Register and the\nparticulars to be noted in respect of the entry in the Register;\nand\n(b) be supported by evidence of the matters specified in\nsection 15(a), (b) and (c).\n15 Power of Supreme Court to make order\nOn hearing an application made under section 14, if the Supreme\nCourt is satisfied that:\n(a) the person named in the application as the participant or\nrecognised participant is a participant or a recognised\nparticipant;\n(b) the life or safety of the person may be endangered as a result\nof the person or a family member of the person being or\nhaving been a witness; and\n(c) the person is likely to comply with the memorandum of\nunderstanding that he or she entered into under this Act or\nunder the relevant complementary witness protection law,\nthe Supreme Court may make the order applied for in respect of the\nperson.\n16 Effect of order authorising new identity\n(1) On receiving a copy of an order made under section 15 or 29C, the\nRegistrar, or a person authorised by the Registrar, must note in the\nRegister in relation to the person the subject of the order the\nparticulars that give effect to the order.\n(2) An entry made in the Register under subsection (1) has effect as if\nit were a valid entry made under and in accordance with the Births,\nDeaths and Marriages Registration Act 1996.\n(3) The Registrar or person authorised by the Registrar may not alter\nor cancel an entry made in the Register under subsection (1) unless\nauthorised to do so by an order of the Supreme Court.\n(4) Subject to an order of the Supreme Court to the contrary, a birth\ncertificate, marriage certificate or death certificate issued in relation\nto a person in relation to whom particulars are noted in the Register\nunder subsection (1) (but after the particulars have been noted) is\nto specify particulars of the person's new identity.\n\nPart 2 Territory witness protection program\nDivision 3 New identities for participants\nWitness Protection (Northern Territory) Act 2002 13\n17 Commissioner to maintain records of original entries in\nRegister\nThe Commissioner must keep and maintain a record of the original\nbirth entry or the original marriage entry in the Register of each\nperson in respect of whom an entry is made in the Register under\nsection 16(1).\n18 Marriage of participant who has been given new identity\nIf:\n(a) a participant or recognised participant who has been provided\nwith a new identity wishes to marry;\n(b) the participant gives to the Commissioner or the recognised\nparticipant gives to the relevant approved authority evidence:\n(i) of the identity of the participant or recognised participant;\nand\n(ii) that the participant or recognised participant is of\nmarriageable age,\nand the Commissioner or approved authority is satisfied as to\nthe identity of the participant or recognised participant and that\nhe or she is of marriageable age;\n(c) in the case where the participant or recognised participant has\nbeen married previously – the participant gives to the\nCommissioner or the recognised participant gives to the\napproved authority evidence that satisfies the Commissioner\nor approved authority that his or her former spouse has died\nor that the marriage has been dissolved or annulled; and\n(d) the participant gives to the Commissioner or the recognised\nparticipant gives to the approved authority a statutory\ndeclaration to the effect that there is no legal impediment to\nthe marriage and the Commissioner or approved authority is\nnot aware of any legal impediment to the marriage,\nthe Commissioner or approved authority, as the case may require,\nmay give a certificate to the Registrar stating that the Commissioner\nor approved authority has received the evidence referred to in\nparagraphs (a), (b) and (c) and the statutory declaration referred to\nin paragraph (d).\n\nPart 2 Territory witness protection program\nDivision 4 Termination of inclusion in TWPP\nSubdivision 1 Cessation of protection and assistance\nWitness Protection (Northern Territory) Act 2002 14\nDivision 4 Termination of inclusion in TWPP\nSubdivision 1 Cessation of protection and assistance\n19 Termination of protection etc. by Commissioner or Deputy\nCommissioner\n(1) If:\n(a) a participant deliberately breaches a term of the memorandum\nof understanding in respect of the participant or a requirement\nor undertaking under the TWPP;\n(b) a participant's conduct or threatened conduct is, in the opinion\nof the Commissioner or Deputy Commissioner, likely to\nthreaten the security or compromise the integrity of the TWPP;\n(c) the circumstances that gave rise for the need to protect and\nassist a participant cease to exist;\n(d) a participant commits an offence against a law in force in the\nTerritory, the Commonwealth or a State or another Territory of\nthe Commonwealth;\n(e) the Commissioner or Deputy Commissioner becomes aware\nthat a participant has knowingly given information in relation to\na matter relevant to the TWPP to the Commissioner or\nanother member of the Police Force that is false or misleading\nin a material particular;\n(f) a participant breaches an undertaking, including an\nundertaking to give evidence, given in relation to a matter\nrelevant to the TWPP;\n(g) a participant refuses or fails to sign a memorandum of\nunderstanding as required by the Commissioner under\nsection 11(3); or\n(h) a participant refuses or fails to consent in accordance with\nsection 12(2)(a) to an amendment to the memorandum of\nunderstanding relating to the participant,\nthe Commissioner or Deputy Commissioner may terminate the\nprotection and assistance provided to the participant.\n(2) If a participant requests, in writing, the Commissioner or Deputy\nCommissioner to terminate the protection and assistance provided\nto him or her, the Commissioner or Deputy Commissioner must do\nso.\n\nPart 2 Territory witness protection program\nDivision 4 Termination of inclusion in TWPP\nSubdivision 1 Cessation of protection and assistance\nWitness Protection (Northern Territory) Act 2002 15\n20 Procedure for involuntary termination of protection etc.\n(1) If the Commissioner or Deputy Commissioner decides under\nsection 19(1) that it is appropriate to terminate the protection and\nassistance being given to a participant, the Commissioner or\nDeputy Commissioner must:\n(a) take reasonable steps to notify the participant of his or her\ndecision; and\n(b) notify the relevant approved authority (if any) of the decision.\n(2) The Commissioner or Deputy Commissioner is not required to\nnotify a participant under subsection (1)(a) if the participant cannot\nbe found after making reasonable inquiry.\n(3) The participant may, within 28 days after receiving notice of the\ndecision, apply to the Commissioner for a review of the decision.\n(4) On receiving an application for review under subsection (3), the\nCommissioner must review the decision and, in doing so, must give\nthe participant a reasonable opportunity to state his or her case.\n(5) After conducting the review, the Commissioner must:\n(a) confirm or reverse the decision reviewed;\n(b) give notice in writing of the outcome of the review to the\nparticipant;\n(c) if the Commissioner confirms the decision to terminate the\nprotection and assistance – specify in the notice under\nparagraph (b) his or her reasons for confirming the decision;\nand\n(d) if the Commissioner reverses the decision – state in the notice\nthat the decision has no effect and that protection and\nassistance under the TWPP will continue to be provided to the\nparticipant.\n21 When involuntary termination takes effect\n(1) A decision of the Commissioner or Deputy Commissioner under\nsection 19(1) to terminate the protection and assistance given to a\nparticipant under the TWPP takes effect:\n(a) if the participant's location is not known and the Commissioner\nor Deputy Commissioner has taken reasonable steps to notify\nthe participant of the decision but has been unable to do so –\non the expiry of 28 days after the Commissioner or Deputy\n\nPart 2 Territory witness protection program\nDivision 4 Termination of inclusion in TWPP\nSubdivision 2 Restoration of former identity of former participant\nWitness Protection (Northern Territory) Act 2002 16\nCommissioner commenced taking the steps to notify the\nparticipant;\n(b) if the participant receives notice of the Commissioner's or\nDeputy Commissioner's decision but does not apply for review\nof the decision under section 20(3) – on the expiry of 28 days\nafter the participant receives notice of the decision; or\n(c) if the participant receives notice of the Commissioner's or\nDeputy Commissioner's decision and applies for review of the\ndecision under section 20(3) and, on review, the\nCommissioner confirms the decision – on the expiry of 3 days\nafter the Commissioner notifies the participant that he or she\nhas confirmed the decision.\n(2) The decision of the Commissioner or Deputy Commissioner to\nterminate the protection and assistance given to a participant has\nno effect where a participant applies to the Commissioner to review\nthe decision and the Commissioner reverses the decision.\n22 Effect of termination of protection and assistance\nOn the termination of the provision of protection and assistance to a\nperson as a participant under the TWPP:\n(a) the person is no longer included in the TWPP; and\n(b) the memorandum of understanding entered into in respect of\nthe person ceases to operate in respect of the person.\nSubdivision 2 Restoration of former identity of former participant\n23 Restoration of former identity\n(1) If protection and assistance under the TWPP to a person is\nterminated, the Commissioner or Deputy Commissioner may decide\nthat it is appropriate to restore the person's former identity.\n(2) The Commissioner or Deputy Commissioner must take reasonable\nsteps to notify the person of his or her decision.\n(3) The Commissioner or Deputy Commissioner is not required to\nnotify a person under subsection (2) if the person cannot be found\nafter making reasonable inquiry.\n(4) The person may, within 7 days after receiving notice of the\ndecision, apply to the Commissioner to review the decision.\n\nPart 2 Territory witness protection program\nDivision 4 Termination of inclusion in TWPP\nSubdivision 2 Restoration of former identity of former participant\nWitness Protection (Northern Territory) Act 2002 17\n(5) On receiving an application for review under subsection (4), the\nCommissioner must review the decision and, in doing so, must give\nthe person a reasonable opportunity to state his or her case.\n(6) After conducting the review, the Commissioner must:\n(a) confirm or reverse the decision reviewed;\n(b) give notice in writing of the outcome of the review to the\nperson;\n(c) if the Commissioner confirms the decision to restore the\nperson's former identity – specify in the notice under\nparagraph (b) his or her reasons for doing so; and\n(d) if the Commissioner reverses the decision – state in the notice\nthat the decision has no effect and that the person's former\nidentity will not be restored.\n24 When Commissioner or Deputy Commissioner may take action\nto restore former identity\n(1) If the Commissioner or Deputy Commissioner decides under\nsection 23 to restore a person's former identity, the Commissioner\nor Deputy Commissioner may commence action to restore the\nperson's former identity:\n(a) if the person's location is not known and the Commissioner or\nDeputy Commissioner has taken reasonable steps to notify\nthe person of the decision but has been unable to do so – on\nthe expiry of 28 days after the Commissioner or Deputy\nCommissioner commenced taking the steps to notify the\nperson;\n(b) if the person receives notice of the Commissioner's or Deputy\nCommissioner's decision but does not apply for review of the\ndecision under section 23(4) – on the expiry of 28 days after\nthe person receives notice of the decision; or\n(c) if the person receives notice of the Commissioner's or Deputy\nCommissioner's decision and applies for review of the\ndecision under section 23(4) and, on review, the\nCommissioner confirms the decision – on the expiry of 3 days\nafter the Commissioner notifies the person that he or she has\nconfirmed the decision.\n(2) The Commissioner or Deputy Commissioner may not restore a\nperson's former identity if the person applies to the Commissioner\nto review the decision to restore the person's former identity and the\nCommissioner reverses the decision.\n\nPart 2 Territory witness protection program\nDivision 4 Termination of inclusion in TWPP\nSubdivision 2 Restoration of former identity of former participant\nWitness Protection (Northern Territory) Act 2002 18\n25 Commissioner or Deputy Commissioner must apply to\nSupreme Court to restore former identity\n(1) If the Commissioner or Deputy Commissioner decides under\nsection 23 to restore a person's former identity, the Commissioner\nor Deputy Commissioner must apply to the Supreme Court for an\norder to restore the person's former identity.\n(2) The application is to:\n(a) specify the particulars that will need to be cancelled to restore\nthe person's former identity; and\n(b) be supported by evidence of the matters specified in\nsection 27(1)(a) and (b).\n26 Approved authority may apply to Court to restore former\nidentity\n(1) An approved authority may apply to the Supreme Court for an order\nto restore the former identity of a person who was a recognised\nparticipant.\n(2) Sections 25(2), 27 and 28 apply in relation to an application under\nsubsection (1) as if:\n(a) a reference to an application under section 25 includes a\nreference to an application under subsection (1);\n(b) reference to the Commissioner or Deputy Commissioner\nincludes a reference to the approved authority;\n(c) a reference to a person who was a participant includes a\nreference to a person who was a recognised participant; and\n(d) a reference to the TWPP is a reference to a complementary\nwitness protection program.\n27 Power of Supreme Court to make order\n(1) On hearing an application made under section 25, if the Supreme\nCourt is satisfied that:\n(a) the person named in the application as a person who was a\nparticipant was a participant; and\n(b) the protection and assistance given to the person as a\nparticipant under the TWPP has been terminated,\n\nPart 2 Territory witness protection program\nDivision 4 Termination of inclusion in TWPP\nSubdivision 2 Restoration of former identity of former participant\nWitness Protection (Northern Territory) Act 2002 19\nthe Supreme Court may make the orders it considers necessary to:\n(c) cancel the new identity given to the person;\n(d) restore the person's former identity; and\n(e) secure the return to the Commissioner of any document\nissued in respect of the person's new identity within the 14 day\nperiod specified in section 28(4).\n(2) The orders that the Supreme Court may make under subsection (1)\ninclude an order authorising the Registrar to cancel the entry in the\nRegister in respect of the new identity given to the person and\nspecified members of the person's family (if any).\n28 Registrar to cancel new identity\n(1) On the Registrar receiving a copy of an order made under\nsection 27 or 29L, the Registrar or a person authorised by the\nRegistrar, must give effect to the order by cancelling the relevant\nparticulars noted in the Register under section 16(1) in relation to\nthe person.\n(2) After particulars noted in the Register are cancelled under\nsubsection (1), the Registrar or a person authorised by the\nRegistrar must, subject to subsection (3), give notice in writing of\nthe cancellation to the person to whom the particulars related.\n(3) The Registrar or person authorised by the Registrar is not required\nto give notice to a person under subsection (2) if the person cannot\nbe found after making reasonable inquiry.\n(4) A person to whom notice is given under subsection (2) must, within\n14 days after receiving the notice return to the Commissioner or\nICAC all documents issued to the person in respect of the new\nidentity that was given to the person under the TWPP or under\nPart 2A.\nMaximum penalty: 10 penalty units.\n29 Effect of cancellation of new identity\n(1) The cancellation under section 28(1) of particulars noted in the\nRegister has effect as if it were a valid entry made under and in\naccordance with the Births, Deaths and Marriages Registration\nAct 1996.\n\nPart 2A Assumed identities for ICAC witnesses\nDivision 2 Orders for protection\nWitness Protection (Northern Territory) Act 2002 20\n(2) A birth certificate, marriage certificate or death certificate issued in\nrelation to a person in relation to whom particulars are cancelled\nunder subsection (1) (but after the particulars have been cancelled)\nis to specify particulars of the person's former identity.\nPart 2A Assumed identities for ICAC witnesses\nDivision 1 Preliminary matters\n29A Application of Part\nThis Part applies if:\n(a) an ICAC witness or a family member of an ICAC witness is\nnot, or is no longer, included in the TWPP; or\n(b) an ICAC witness or a family member of an ICAC witness is\nincluded in the TWPP but the Commissioner decides not to\napply to the Supreme Court under section 14 for an order in\nrespect of the witness or family member.\nDivision 2 Orders for protection\n29B Application by ICAC for order\n(1) The ICAC may apply to the Supreme Court for an order authorising\nthe Registrar to make a new entry in the Register in respect of a\nparticipant.\n(2) An application under subsection (1) is to:\n(a) specify the nature of the new entry the ICAC seeks to be\nmade in the Register and the particulars to be noted in respect\nof the entry in the Register; and\n(b) be supported by evidence of the matters specified in\nsection 29C(1)(a), (b) and (c).\n29C Power of Supreme Court to make order\n(1) On hearing an application made under section 29B, the Supreme\nCourt may make the order applied for in respect of the person if the\nSupreme Court is satisfied that:\n(a) there is a risk to the safety and welfare of the person because\nthe person is an ICAC witness or a family member of an ICAC\nwitness; and\n(b) an assumed identity would assist in reducing that risk; and\n\nPart 2A Assumed identities for ICAC witnesses\nDivision 3 Arrangements for protection\nWitness Protection (Northern Territory) Act 2002 21\n(c) the witness has undertaken to comply with a memorandum of\nunderstanding between the ICAC and the ICAC witness in\naccordance with section 29D.\n(2) If the Supreme Court makes an order under subsection (1), Part 2,\nDivision 3 (other than sections 14 and 15) applies as if:\n(a) the order were an order made under section 15; and\n(b) a reference in that Division to the participant were a reference\nto the person; and\n(c) a reference in that Division to the Commissioner were a\nreference to the ICAC.\nDivision 3 Arrangements for protection\n29D Memorandum of understanding – content\n(1) A memorandum of understanding in relation to an ICAC witness\nmust:\n(a) set out the basis on which the witness and the witness' family\nmembers (if any) to whom it relates are being provided with\nprotection by the ICAC; and\n(b) set out details of the protection and assistance that are to be\nprovided to the witness and family members, including that the\nprotection and assistance provided may be reviewed and\nmodified by the ICAC at any time; and\n(c) state that the ICAC may terminate the protection at any time if,\nin the opinion of the ICAC, protection is:\n(i) no longer required; or\n(ii) cannot be provided; and\n(d) set out the process and timeframes for termination of\nprotection, including how the witness and family members\nwould be notified of the termination; and\n(e) state that if the protected person cannot be located after\nreasonable inquiry, termination of protection may still proceed;\nand\n(f) state that if protection is terminated, the ICAC may take action\nto restore a person's identity; and\n\nPart 2A Assumed identities for ICAC witnesses\nDivision 3 Arrangements for protection\nWitness Protection (Northern Territory) Act 2002 22\n(g) contain a statement advising the witness and family members\nof their right under the ICAC Act to complain to the Inspector\nabout the conduct of the ICAC or a member of ICAC staff in\nrelation to the matters dealt with in the memorandum.\n(2) A memorandum of understanding in relation to an ICAC witness\nmay contain the following:\n(a) the terms and conditions on which protection and assistance\nare to be provided to the witness and each family member;\n(b) requirements that the witness and each family member must\nnot engage in activities of a kind specified in the memorandum\nof understanding;\n(c) an undertaking by, or on behalf of, the witness and each\nfamily member not to compromise, directly or indirectly, the\nsecurity or any other aspect of the protection and assistance\nbeing provided;\n(d) an undertaking by, or on behalf of, the witness and each\nfamily member to comply with all reasonable directions of the\nICAC in relation to the protection and assistance provided to\nthe witness;\n(e) a list of the following and specification as to how they will be\ndealt with:\n(i) the outstanding legal obligations (including family\nmaintenance obligations and taxation obligations) of the\nwitness and each family member;\n(ii) any other obligations and relationships of the witness\nand each family member;\n(f) a list of obligations that the witness and each family member\nmay or may not enter into;\n(g) details of any financial assistance to be given to the witness\nand each family member;\n(h) an undertaking by or on behalf of the witness and each family\nmember to disclose to the ICAC details of any criminal\ncharges brought against the witness or family member, and\nany civil or bankruptcy proceedings made in relation to the\nwitness or family member, while the witness or family member\nis being provided with protection by the ICAC;\n\nPart 2A Assumed identities for ICAC witnesses\nDivision 3 Arrangements for protection\nWitness Protection (Northern Territory) Act 2002 23\n(i) details concerning the surrender and issue of passports and\nthe issue of any other documents relating to the identity of the\nwitness and each family member;\n(j) any other matter that the ICAC considers appropriate.\n29E Memorandum of understanding – signing\n(1) A memorandum of understanding does not take effect until it is\nsigned in accordance with subsection (2).\n(2) A memorandum of understanding must be signed:\n(a) by the ICAC witness and each family member to whom it\nrelates; or\n(b) if the ICAC witness or family member is less than 18 years of\nage or lacks legal capacity – by a parent or other person for\nand on behalf of the witness or family member.\n(3) The ICAC may require the ICAC witness or family member to sign\nthe memorandum of understanding if:\n(a) a parent or other person signed a memorandum of\nunderstanding for and on behalf of an ICAC witness or family\nmember who was less than 18 years of age or lacked legal\ncapacity; and\n(b) the memorandum of understanding is still effective after the\nICAC witness or family member becomes 18 years of age or\nattains legal capacity.\n29F Memorandum of understanding – amending\n(1) Subject to subsection (2), the ICAC may amend a memorandum of\nunderstanding.\n(2) An amendment to a memorandum of understanding:\n(a) has no effect unless the participant or, if more than one, each\nparticipant to whom it relates or, if a participant is less than\n18 years of age or lacks legal capacity, a parent or other\nperson for and on behalf of the participant consents to the\namendment; and\n(b) is not to have the effect of removing from the memorandum of\nunderstanding the provisions referred to in section 29D(1).\n\nPart 2A Assumed identities for ICAC witnesses\nDivision 4 Restoration of former identity of former ICAC witness\nWitness Protection (Northern Territory) Act 2002 24\nDivision 4 Restoration of former identity of former ICAC\nwitness\n29G Restoration of former identity\n(1) If protection under this Part of a person is terminated, the ICAC\nmay decide that it is appropriate to restore the person's former\nidentity.\n(2) The ICAC must take reasonable steps to notify the person of the\nICAC's decision.\n(3) The ICAC is not required to notify a person under subsection (2) if\nthe person cannot be found after making reasonable inquiry.\n(4) The person may, within 7 days after receiving notice of the\ndecision, apply to the ICAC to review the decision.\n(5) On receiving an application for review under subsection (4), the\nICAC must review the decision and, in doing so, must give the\nperson a reasonable opportunity to state the person's case.\n(6) After conducting the review, the ICAC must:\n(a) confirm or reverse the decision reviewed; and\n(b) give notice in writing of the outcome of the review to the\nperson; and\n(c) if the ICAC confirms the decision to restore the person's\nformer identity – specify in the notice under paragraph (b) the\nICAC's reasons for doing so; and\n(d) if the ICAC reverses the decision – state in the notice that the\ndecision has no effect and that the person's former identity will\nnot be restored.\n29H When ICAC may take action to restore former identity\n(1) If the ICAC decides under section 29G to restore a person's former\nidentity, the ICAC may commence action to restore the person's\nformer identity:\n(a) if the person's location is not known and the ICAC has taken\nreasonable steps to notify the person of the decision but has\nbeen unable to do so – on the expiry of 28 days after the ICAC\ncommenced taking the steps to notify the person; or\n\nPart 2A Assumed identities for ICAC witnesses\nDivision 4 Restoration of former identity of former ICAC witness\nWitness Protection (Northern Territory) Act 2002 25\n(b) if the person receives notice of the ICAC's decision but does\nnot apply for review of the decision under section 29G(4) – on\nthe expiry of 28 days after the person receives notice of the\ndecision; or\n(c) if the person receives notice of the ICAC's decision and\napplies for review of the decision under section 29G(4) and,\non review, the ICAC confirms the decision – on the expiry of\n3 days after the ICAC notifies the person that the ICAC has\nconfirmed the decision.\n(2) The ICAC must not restore a person's former identity if:\n(a) the person applies to the ICAC to review the decision to\nrestore the person's former identity; and\n(b) the ICAC reverses the decision.\n29J ICAC must apply to Supreme Court to restore former identity\n(1) If the ICAC decides under section 29G to restore a person's former\nidentity, the ICAC must apply to the Supreme Court for an order to\nrestore the person's former identity.\n(2) The application must:\n(a) specify the particulars that will need to be cancelled to restore\nthe person's former identity; and\n(b) be supported by evidence of the matters specified in\nsection 29L(1)(a) and (b).\n29K Approved authority may apply to Court to restore former\nidentity\n(1) An approved authority may apply to the Supreme Court for an order\nto restore the former identity of a person who was protected under\nthis Part.\n(2) Sections 28, 29J(2) and 29L apply in relation to an application\nunder subsection (1) as if:\n(a) a reference to an application under section 29J includes a\nreference to an application under subsection (1); and\n(b) reference to the ICAC includes a reference to the approved\nauthority; and\n(c) a reference to a person who was a participant includes a\nreference to a person who was a recognised participant.\n\nPart 3 Arrangements between Commissioner and approved authorities\nWitness Protection (Northern Territory) Act 2002 26\n29L Power of Supreme Court to make order\n(1) On hearing an application made under section 29J, if the Supreme\nCourt is satisfied that:\n(a) the person named in the application as a person who was\nprotected by the ICAC was protected; and\n(b) the protection given to the person has been terminated;\nthe Supreme Court may make the orders it considers necessary to:\n(c) cancel the new identity given to the person;\n(d) restore the person's former identity; and\n(e) secure the return to the ICAC of any document issued in\nrespect of the person's new identity within the 14 day period\nspecified in section 28(4).\n(2) The orders that the Supreme Court may make under subsection (1)\ninclude an order authorising the Registrar to cancel the entry in the\nRegister in respect of the new identity given to the person and\nspecified members of the person's family (if any).\nPart 3 Arrangements between Commissioner and\napproved authorities\n30 Arrangements with approved authorities\n(1) The Commissioner may make arrangements with an approved\nauthority about any matter in connection with the administration of\nthis Act or a complementary witness protection law.\n(2) Without limiting subsection (1), the arrangements between the\nCommissioner and an approved authority:\n(a) may provide for the exercise of powers or the performance of\nfunctions under the complementary witness protection law by\nthe Commissioner or another member of the Police Force;\n(b) may provide for the exercise of powers or the performance of\nfunctions under this Act by the approved authority or an officer\nof the approved authority;\n(c) are to provide for the sharing between the Territory and the\napproved authority of the costs incurred under the\narrangements;\n\nPart 3 Arrangements between Commissioner and approved authorities\nWitness Protection (Northern Territory) Act 2002 27\n(d) may provide for the approved authority to make available to\nthe Commissioner, or the Commissioner to make available to\nthe approved authority, the statements, transcripts of evidence\nand other documents that will assist the Commissioner or\napproved authority to decide:\n(i) whether to provide protection or assistance to a witness\nand any family members of the witness under this Act or\nthe relevant complementary witness protection law; and\n(ii) what protection or assistance is appropriate for the\nwitness and family members;\n(e) may provide for the exercise of powers and performance of\nfunctions under the complementary witness protection law by\nthe Commissioner or another member of the Police Force; or\n(f) are to require the approved authority to maintain records\nshowing:\n(i) details of each application relating to the new identity of\na recognised participant made by the authority to the\nSupreme Court under section 14 and the orders made\nby the Supreme Court under section 15 in respect of that\napplication;\n(ii) the original entry in the Register of the birth of a\nrecognised participant referred to in subparagraph (i) in\nrespect of whom an entry concerning his or her birth is\nmade under section 16(1); and\n(iii) the original entry in the Register of the marriage of a\nrecognised participant referred to in subparagraph (i) in\nrespect of whom an entry concerning his or her marriage\nis made under section 16(1).\n31 Exercise of powers etc. by Commissioner etc. under\ncomplementary witness protection law\nThe Commissioner or another member of the Police Force must not\nexercise a power or perform a function under a complementary\nwitness protection law unless arrangements under section 30\nproviding for the exercise of the power or performance of the\nfunction by the Commissioner or member of the Police Force are in\nforce.\n32 Exercise of powers etc. under this Act by approved authority\n(1) The Minister may, by notice in the Gazette, authorise an approved\nauthority to exercise powers and perform functions conferred on the\n\nPart 4 Offences\nWitness Protection (Northern Territory) Act 2002 28\nCommissioner under this Act for the purpose of an arrangement\nentered into under section 30 or the corresponding provision of a\ncomplementary witness protection law.\n(2) An approved authority or an officer of the approved authority must\nnot exercise a power or perform a function under this Act unless:\n(a) arrangements under section 30 or the corresponding provision\nof a complementary witness protection law providing for the\nexercise of the power or the performance of the function by\nthe approved authority are in force; and\n(b) the Minister has authorised the approved authority to do so\nunder subsection (1).\n(3) For the purposes of an approved authority or an officer of the\napproved authority exercising a power or performing a function\nunder this Act in accordance with an arrangement entered into\nunder section 30, a reference in or under this Act to the\nCommissioner or another member of the Police Force is to be taken\nto include a reference to the approved authority or officer of the\napproved authority.\nPart 4 Offences\n33 Offences relating to disclosure of information about\nparticipants\n(1) A person must not, either directly or indirectly:\n(a) make a record of any information relating to the noting of\nparticulars in the Register in respect of a person who is or was\na participant; or\n(b) disclose or communicate to another person any information\nrelating to the noting of particulars in the Register in respect of\na person who is or was a participant;\nunless it is necessary to do so:\n(c) for the purposes of this Act; or\n(d) for the purposes of an investigation of a complaint about the\nconduct of a member of the Police Force by the Ombudsman\nunder the Ombudsman Act 2009; or\n\nPart 4 Offences\nWitness Protection (Northern Territory) Act 2002 29\n(da) for the purposes of an ICAC investigation (not including a\npublic inquiry as defined in section 4 of the ICAC Act or a\nreport or brief of evidence under Part 3, Division 7 of the ICAC\nAct); or\n(e) to comply with an order of the Supreme Court.\nMaximum penalty: Imprisonment for 10 years.\n(2) Despite subsection (1), the Commissioner, the Deputy\nCommissioner, an approved authority or an officer of an approved\nauthority may disclose the former identity of a participant who is\nbeing or has been given a new identity for the purpose of obtaining\ndocuments relating to the new identity of the participant.\n(3) A person must not, without lawful authority, disclose information in\nthe Territory or elsewhere that:\n(a) is about the identity or location of a person who is or was a\nparticipant or recognised participant; or\n(b) compromises the security of that person.\nMaximum penalty: Imprisonment for 10 years.\n34 Offences relating to disclosure of information by participants\n(1) Subject to subsection (2), a person who is or was a participant must\nnot, either directly or indirectly, disclose or communicate to another\nperson, in the Territory or elsewhere:\n(a) the fact that the person or a family member of the person is or\nwas included in the TWPP; or\n(b) the fact that a memorandum of understanding is or was in\nforce in respect of the person or his or her family member; or\n(c) details of the memorandum of understanding; or\n(d) information relating to anything done under this Act by the\nCommissioner or another member of the Police Force; or\n(e) information about a member of the Police Force, an approved\nauthority or an officer of an approved authority acquired by the\nperson as a result of anything done under this Act.\nMaximum penalty: Imprisonment for 10 years.\n\nPart 5 Miscellaneous\nWitness Protection (Northern Territory) Act 2002 30\n(2) Subsection (1) does not apply to a disclosure or communication\nthat:\n(a) has been authorised by the Commissioner or an approved\nauthority; or\n(b) is necessary for the purposes of an investigation of a\ncomplaint about the conduct of a member of the Police Force\nby the Ombudsman under the Ombudsman Act 2009; or\n(ba) is a protected communication (as defined in section 93 of the\nICAC Act) to the ICAC; or\n(bb) is necessary to comply with the direction of an authorised\nofficer as defined in the ICAC Act; or\n(c) is necessary to comply with an order of the Supreme Court.\n35 Person who has new identity not to use documents relating to\nformer identity\nWhile particulars noted in the Register that relate to a new identity\ngiven to a person under this Act continue to have effect, the person\nto whom the particulars relate must not use or obtain any document\nissued by the Registrar which specifies or is based on particulars\nthat:\n(a) were noted in the Register before the particulars relating to the\nperson's new identity were; and\n(b) relate only to the person's former identity.\nMaximum penalty: 10 penalty units.\nPart 5 Miscellaneous\n36 Provision of information about participant or former\nparticipant to approved authorities\nIf:\n(a) a person has been provided with a new identity or relocated\nunder this Act; and\n(b) an approved authority notifies the Commissioner that the\nperson is under investigation for, or has been arrested or\ncharged with, an offence against a law of the Commonwealth\nor a State or another Territory the maximum penalty for which\nis or includes imprisonment for 1 year or more,\n\nPart 5 Miscellaneous\nWitness Protection (Northern Territory) Act 2002 31\nthe Commissioner may (if he or she considers it is appropriate) do\nany one or more of the following:\n(c) release the person's new identity or location to the approved\nauthority;\n(d) provide the approved authority with the person's criminal\nrecord and fingerprints;\n(e) release other information relating to the person to the\napproved authority;\n(f) allow an officer of the approved authority to interview a\nmember of the Police Force in relation to the person.\n37 Commissioner may delegate powers and functions under this\nAct\n(1) Subject to subsection (2), the Commissioner may, in writing,\ndelegate to a member of the Police Force all or any of his or her\npowers and functions under this Act.\n(2) The Commissioner must not delegate:\n(a) his or her powers and functions under sections 8(1), 20(4)\nand (5) and 23(5) and (6); and\n(b) his or her power of delegation under subsection (1).\n(3) A power or function delegated under this section is, when exercised\nor performed by the delegate, to be taken to have been exercised\nor performed by the Commissioner.\n(4) A delegation under this section does not prevent the Commissioner\nexercising a power or performing a function that has been\ndelegated.\n38 Proceedings in Supreme Court to be closed to public\n(1) A proceeding in the Supreme Court under this Act is not to be\nheard in open court.\n(2) No person may inspect the records of the Supreme Court relating to\nproceedings under this Act unless authorised to do so by a\nSupreme Court Judge.\n\nPart 5 Miscellaneous\nWitness Protection (Northern Territory) Act 2002 32\n39 Immunity from proceedings\n(1) In this section:\nperson means any person who is or was:\n(a) the Commissioner;\n(b) the Deputy Commissioner;\n(c) an authorised member of the Police Force;\n(d) an officer of an approved authority;\n(e) the Registrar;\n(f) an employee within the meaning of the Public Sector\nEmployment and Management Act 1993 who is or was subject\nto direction by the Registrar; or\n(g) the Ombudsman.\n(2) A person cannot be required in any proceedings in any court or\ntribunal or before any person acting judicially to produce a\ndocument or to divulge or communicate any matter or thing relating\nto the exercise of powers or the performance of functions by the\nperson or another person under this Act.\n(3) No legal proceedings may be commenced against a person in\nrespect of an act, matter or thing done by the person in the course\nof exercising his or her powers or performing his or her functions for\nthe purposes of this Act.\n(4) Nothing in this section prevents the Ombudsman from investigating\na complaint in relation to the conduct of the Commissioner or\nanother member of the Police Force in relation to this Act.\n40 Double jeopardy\nIf an act or omission is both an offence under this Act and an\noffence under a law of the Commonwealth or a State or another\nTerritory of the Commonwealth, a person who is found guilty of the\noffence under the law of the Commonwealth, State or other\nTerritory (whether or not a conviction is recorded by the court) is not\nliable to be proceeded against for the offence under this Act.\n\nPart 5 Miscellaneous\nWitness Protection (Northern Territory) Act 2002 33\n41 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n42 Transitional\n(1) A person who, immediately before the commencement of this Act,\nreceives on the request of the Commissioner protection and\nassistance under a witness protection program established under a\nlaw of the Commonwealth or a State or another Territory of the\nCommonwealth becomes, on that commencement, a participant in\nthe TWPP.\n(2) A memorandum of understanding in force immediately before the\ncommencement of this Act in respect of a person referred to in\nsubsection (1) continues, with the necessary changes, to have\neffect, and may be dealt with, after that commencement as if it were\na memorandum of understanding entered into under this Act.\n\nENDNOTES\nWitness Protection (Northern Territory) Act 2002 34\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWitness Protection (Northern Territory) Act 2002 (Act No. 21, 2002)\nAssent date 7 June 2002\nCommenced 21 August 2002 (Gaz G33, 21 August 2002, p 5)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nAustralian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005)\nAssent date 17 March 2005\nCommenced 18 May 2005 (s 2, s 2 Australian Crime Commission Act 2005\n(Act No. 6, 2005) and Gaz G20, 18 May 2005, p 2)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendment) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\n30 November 2018)\n\nENDNOTES\nWitness Protection (Northern Territory) Act 2002 35\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 10, 16, 29, 33, 34 and\n39.\n4 LIST OF AMENDMENTS\ns 3 amd No. 1, 2004, s 62; No. 7, 2005, s 3; No. 3, 2018, s 99; No. 4, 2023, s 23\ns 5 amd No. 3, 2018, s 100\ns 8 amd No. 8, 2016, s 45; No. 3, 2018, s 101\ns 10 amd No. 5, 2009, s 179\ns 16 amd No. 3, 2018, s 102\ns 28 amd No. 12, 2010, s 3; No. 3, 2018, s 103\npt 2A hdg ins No. 3, 2018, s 104\npt 2A\ndiv 1 hdg ins No. 3, 2018, s 104\ns 29A ins No. 3, 2018, s 104\npt 2A\ndiv 2 hdg ins No. 3, 2018, s 104\nss 29B – 29C ins No. 3, 2018, s 104\npt 2A\ndiv 3 hdg ins No. 3, 2018, s 104\nss 29D – 29F ins No. 3, 2018, s 104\npt 2A\ndiv 4 hdg ins No. 3, 2018, s 104\nss 29G – 29L ins No. 3, 2018, s 104\ns 33 amd No. 5, 2009, s 179; No. 12, 2010, s 3; No. 3, 2018, s 105\ns 34 amd No. 5, 2009, s 179; No. 12, 2010, s 3; No. 3, 2018, s 106\ns 35 amd No. 12, 2010, s 3\ns 38 amd No. 8, 2016, s 45","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2002 Act established a witness protection program for criminal proceedings. However, the 2018 amendments (Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018) added Part 2A, creating a parallel scheme for ICAC witnesses. This significantly expanded the scope beyond traditional criminal witness protection into corruption and misconduct investigations. The ICAC scheme uses similar mechanisms (assumed identities, Supreme Court orders, memoranda of understanding) but operates under different criteria and with the ICAC rather than the Police Commissioner as the primary decision-maker. This represents a material expansion from the original intent of protecting witnesses in criminal trials to also covering administrative and integrity investigations."},"complexity_factors":["Parallel but distinct schemes: The Act operates two separate systems – the full TWPP (Part 2) and the ICAC assumed identities scheme (Part 2A) – with similar but not identical procedures, creating duplication and potential confusion","Cross-referencing web: Heavy reliance on external statutes including the ICAC Act 2017, Births Deaths and Marriages Registration Act 1996, Police Administration Act 1978, and Commonwealth Witness Protection Act 1994","Conditional logic chains: Complex trigger conditions for termination of protection (section 19) and restoration of identity (sections 23-24) with multiple sub-conditions and review pathways","Defined terms: 25+ defined terms in section 3 including nested definitions (e.g., 'approved authority' has 4 sub-paragraphs with different categories)","Ministerial discretion: Multiple points where the Minister can declare authorities or laws by Gazette notice (sections 4(1), 4(3), 4(4), 32(1)), creating regulatory uncertainty","Supreme Court procedures: Special closed court procedures (section 38) and specific evidentiary requirements for identity orders (sections 14-15, 25, 29B-29C, 29J, 29L)","Delegation limitations: Non-standard delegation restrictions in section 37(2) that specifically exclude certain review powers from delegation","Transitional provisions: Section 42 preserves pre-Act arrangements, creating potential conflicts with current procedures"],"plain_english_summary":"This law creates the **Territory Witness Protection Program (TWPP)** – a scheme run by the Northern Territory Police Commissioner to protect people whose safety is at risk because they are helping police or prosecutors with criminal cases.\n\n**Who it covers:**\n- **Witnesses** giving evidence in criminal trials or corruption investigations\n- **Family members** (spouses, partners, relatives) who might also be in danger\n- **ICAC witnesses** – people giving evidence to the Independent Commissioner Against Corruption (added later to the scheme)\n\n**What protection looks like:**\n- **New identities** – the Supreme Court can authorise a completely new birth certificate and identity documents\n- **Physical protection** – security at court, safe houses, relocation\n- **Financial help** – money for moving costs, living expenses, getting jobs or education\n- **Special arrangements** – commercial deals where the person can get benefits without revealing their old name\n\n**How it works:**\n1. The **Police Commissioner decides** who gets in (no one has a right to entry)\n2. The person must **sign a memorandum of understanding** – basically a contract setting out the rules, including that they won't compromise their own safety and will follow police directions\n3. If the risk is serious enough, the Commissioner can ask the **Supreme Court to create a new legal identity** (new birth certificate, etc.)\n4. Protection can be **terminated** if the person breaks the rules, commits crimes, or threatens the program's security\n5. Former identities can be **restored** through the courts when protection ends\n\n**Key offences:**\n- **10 years prison** for revealing a protected person's identity or location\n- **10 years prison** for participants who reveal details of the program\n- Fines for using old identity documents after getting a new one\n\n**Why it matters:**\nThis law lets the government essentially erase someone's legal identity and create a new one to save their life. It balances helping vulnerable witnesses against the risks of giving dangerous people new identities. It also creates a separate, lighter protection scheme for corruption witnesses who don't need full witness protection but still need assumed identities."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded since its original 2002 form. Notable scope changes include: insertion of Part 2A (2018) creating a parallel, ICAC‑specific pathway to provide assumed identities and protection for witnesses involved in corruption examinations and investigations (ss 29A–29L); widening the class of approved authorities (definitions and Ministerial declaration powers, ss 3–4) to enable cross‑jurisdictional and Commonwealth agency participation; and amendments that refine secrecy, offence and procedural provisions (ss 33–34, 38–39). These additions broaden the Act from a Territory criminal‑witness protection scheme to a framework that more formally integrates with Commonwealth and other State/Territory witness protection arrangements and with ICAC processes, increasing inter‑agency coordination, judicial oversight of identity orders, and administrative complexity."},"complexity_factors":["Multiple Parts, Divisions and Subdivisions (Parts 1–5 plus inserted Part 2A) creating layered structure","Extensive definitions in section 3 (many cross‑referenced definitions like 'approved authority', 'complementary witness protection law', 'participant', 'recognised participant', 'ICAC witness')","Cross‑jurisdictional interaction with Commonwealth, State and other Territory laws and bodies (approved authorities and complementary laws) (ss 3, 4, 30–32)","Dual decision‑makers and checks: Commissioner has sole operational decision for inclusion (s 8) but Supreme Court must authorise new identity Register entries (ss 14–16) and restoration (ss 25–29)","Separate but similar procedural paths for ordinary witnesses and ICAC witnesses (Part 2 vs Part 2A) increasing parallel rules","Multiple conditional rules and timeframes for termination and restoration (ss 19–24, 29G–29H) including notice, review periods and different triggers","Significant secrecy, immunity and closed‑court provisions that shift procedural practice (ss 33–39)","Offences with high penalties (up to 10 years) and multiple exceptions (ss 33–34), increasing legal risk assessment complexity","Interactions with the Births, Deaths and Marriages Register and Registrar powers, with Court orders required to create and cancel entries (ss 16, 28)","Delegation rules that both allow and restrict delegation (s 37) and require administrative arrangements for exercising powers under complementary laws (ss 30–32)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes and runs the Territory witness protection program (TWPP) under the Commissioner of Police (the Commissioner must set it up and maintain it) (s 5).\n- Gives the Commissioner power to provide a range of protection and assistance to witnesses and their family members, including relocation, accommodation, financial help, transport, help getting identity documents and—where necessary—an officially recognised new identity (ss 5(2)–(3), 6).\n- Requires a written memorandum of understanding (MOU) between the Commissioner (or ICAC in certain cases) and the witness/family member that records the protection to be provided and the obligations of the protected person; protection does not start until the MOU is signed (ss 7, 10–11, 29D–29E).\n- Makes the Commissioner solely responsible for deciding whether to include a witness or family member in the TWPP, subject to specific criteria (s 8). For some non‑Territory investigations, other approved authorities can ask the Commissioner to include someone (s 8(1)).\n- Where a new identity is needed, allows the Commissioner or an approved authority to apply to the Supreme Court for an order authorising the Registrar to make new entries in the Births, Deaths and Marriages Register that give effect to the new identity; those entries operate as valid registration entries (ss 14–16).\n- Sets out processes to end protection and to restore a former identity (termination, review rights, and Supreme Court orders to cancel new identity entries and restore the former identity) (ss 19–29, 29G–29L).\n- Creates offence and secrecy rules: it is a serious offence (up to 10 years imprisonment) to record, disclose or publish information that identifies or locates a participant or that reveals particulars about Register entries made under the Act; participants themselves are also prohibited from disclosing their participation or the terms of the MOU (ss 33–34). Other limited disclosures are permitted (for example, for court orders, Ombudsman inquiries or ICAC investigations) (ss 33(1)(c)–(d)(a), 34(2)).\n- Provides for coordination with other (Commonwealth, State or Territory) witness protection laws and agencies (called \"approved authorities\" and \"complementary witness protection laws\"). The Minister can declare which agencies and laws are approved or complementary; the Commissioner may enter cost‑sharing and operational arrangements with them (ss 3, 4, 30–32).\n- Grants broad protections and operational privileges to officials: members of police may use assumed names for protection duties; proceedings and court records under the Act are closed; people acting under the Act have immunity from civil proceedings in relation to acts done under the Act (ss 5(3)(m), 38, 39).\n\n**Who it affects**\n\n- Witnesses and their family members who give evidence about criminal conduct (or, in defined cases, ICAC witnesses) and who may need protection (see definition of \"witness\" in s 3 and Part 2A for ICAC witnesses).\n- The Commissioner of Police and authorised members of the Police Force, who run the TWPP and make inclusion and termination decisions (ss 5, 8, 19).\n- Approved authorities (for example, AFP, State/Territory police, ICAC and certain Commonwealth bodies declared by the Minister) that may interact with the TWPP, provide protection under their own complementary laws, or request assistance (ss 3, 4, 30–32).\n- Registrars and the Births, Deaths and Marriages office, because the Supreme Court can authorise Register entries that create or cancel assumed identities (ss 14–16, 28).\n- Courts and oversight bodies: the Supreme Court must make sensitive orders in closed proceedings; Ombudsman and ICAC processes are specifically provided for in the Act (ss 29C, 38, 10(1)(d), 29D(1)(g)).\n\n**Why it matters (stated purpose and tested implications)**\n\n- The stated purpose is to protect witnesses whose safety or welfare is at risk because they are, or have been, witnesses (s 5). The Act achieves this by creating a formal, enforceable program that can provide practical assistance and legally recognised new identities where necessary (Parts 2 and 2A).\n\n- Who pays and who decides:\n  - The Territory (via the Police Commissioner) funds and operates the TWPP; section 30(c) contemplates cost‑sharing arrangements with approved authorities when protection work is shared.\n  - The Commissioner has exclusive operational control over inclusion in the TWPP (s 8), but the Supreme Court decides whether to allow legally recognised new identities (ss 14–16, 29B–29C).\n\n- Incentives, compliance burdens and behaviour changes:\n  - Participants must sign MOUs that set obligations (including restrictions on behaviour and disclosure) and outline financial support; refusal or breach can lead to termination of protection (ss 10–12, 19–21). That creates an enforceable contract‑like relationship between the participant and the Commissioner (or ICAC).\n  - The Commissioner can require medical or psychological assessments before including someone (s 9), which is an entry condition and a compliance burden on applicants.\n  - Heavy criminal penalties and secrecy measures aim to reduce risks from publication or compromise of protected identities (ss 33–34). Those penalties create strong disincentives to disclosure by third parties and by participants themselves.\n\n- Trade‑offs, implementation risks and operational constraints:\n  - The Act centralises decision‑making (Commissioner) but requires judicial approval for identity changes (Supreme Court), balancing operational secrecy with judicial supervision (ss 8, 14–16). That introduces procedural steps and potential delay when a recognised identity is required.\n  - Sensitive record‑keeping is necessary: the Commissioner must keep original Register entries (s 17) while the Registrar holds altered entries; secure handling and information‑security failures would pose material risk to participants.\n  - Closed proceedings and immunity for officials (ss 38–39) protect operational secrecy and personnel; they reduce procedural publicity but constrain public scrutiny and civil redress avenues (though Ombudsman investigation is preserved, s 39(4)).\n  - Adding Part 2A (ICAC‑specific paths for assumed identities) extends the Act’s scope beyond traditional criminal witness protection to protect participants in corruption‑related examinations and investigations (Part 2A). That broadens the classes of protected witnesses and increases cross‑agency coordination requirements (ss 29A–29L).\n\n- Effects on private enterprise and civil liberties (light, source‑grounded observations):\n  - Direct effect on private businesses is limited. Section 6 allows the Commissioner to make commercial arrangements so participants with new identities can obtain benefits under contracts without revealing former identities. That preserves contract access for protected persons but may require bespoke contractual arrangements.\n  - The Act restricts speech and disclosure about participants and Register entries (ss 33–34). These are statutory limits on communicating certain information; permitted exceptions are tightly drawn (court orders, oversight bodies, certain ICAC communications).\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits: protected witnesses and their families gain legally backed protection and, where authorised, a new identity and support (ss 5, 6, 14–16).\n- Diffuse costs: the Territory (and potentially other participating agencies via cost‑sharing) bear program costs; secrecy and limited civil remedies (closed court, immunities) impose costs in transparency and public oversight (ss 30(c), 38–39). The Act builds safeguards (Ombudsman/ICAC oversight channels) but shifts most operational discretion to police/ICAC.\n\n**Key statutory references (mechanics in brief):**\n- Program and powers: ss 5–6\n- Inclusion criteria and decision‑making: ss 7–9\n- MOUs: ss 10–13\n- New identities and Supreme Court orders: ss 14–18\n- Termination and restoration of identity: ss 19–29\n- ICAC‑specific assumed identities: Part 2A (ss 29A–29L)\n- Inter‑agency arrangements and cost sharing: ss 30–32\n- Offences and secrecy: ss 33–35\n- Delegation, closed proceedings and immunity: ss 37–39\n\nThis summary describes what the Act does and how its main mechanisms operate. It attributes the Act's stated aim (protecting witnesses at risk) to the text, then outlines where that aim requires administrative choices, court oversight, secrecy, and funded support, and where those choices create trade‑offs in transparency, procedural complexity and compliance obligations."}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-northern-territory-act-2002","history":"/api/acts/witness-protection-northern-territory-act-2002/history","analysis":"/api/acts/witness-protection-northern-territory-act-2002/analysis","conflicts":"/api/acts/witness-protection-northern-territory-act-2002/conflicts","importantCases":"/api/acts/witness-protection-northern-territory-act-2002/important-cases","documents":"/api/acts/witness-protection-northern-territory-act-2002/documents"}}