{"id":"nsw:sl-2025-0683","name":"Witness Protection Regulation 2025","slug":"witness-protection-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"683 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174070,"registerId":"nsw-sl-2025-0683-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Witness Protection Regulation 2025](/view/html/inforce/current/sl-2025-0683).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Witness Protection Regulation 2017](/view/html/repealed/current/sl-2017-0346), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> the Act means the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087).\n> \n> witness protection officer means a member of NSW Police exercising a function relating to the witness protection program.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Requests to keep removed identity records—the Act, ss 19B(4) and 38A(2)(b)","content":"#### 4 Requests to keep removed identity records—the Act, ss 19B(4) and 38A(2)(b)\n\n4 Requests to keep removed identity records—the Act, ss 19B(4) and 38A(2)(b)\n\n> An authorised person or interstate entity making a request under the Act, section 19B(2) must—\n> \n> > (a) make the request within 20 business days after removing the identity record, and\n> \n> > (b) give the identity record to the Commissioner of Police—\n> > \n> > > (i) in accordance with section 6(2), and\n> > \n> > > (ii) within 20 business days after making the request.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Non-disclosure certificates—the Act, ss 31B(2) and 38A(2)(b)","content":"#### 5 Non-disclosure certificates—the Act, ss 31B(2) and 38A(2)(b)\n\n5 Non-disclosure certificates—the Act, ss 31B(2) and 38A(2)(b)\n\n> > (1) A non-disclosure certificate must be given in person—\n> > \n> > > (a) by a witness protection officer, and\n> > \n> > > (b) to one of the following—\n> > > \n> > > > (i) the judicial officer with carriage of the relevant proceedings involving the protected person to whom the certificate relates,\n> > > \n> > > > (ii) a person nominated in writing by the chief judicial officer, however named, of the court before which the relevant proceedings involving the protected person to whom the certificate relates are or are to be held.\n> \n> > (2) At the end of the relevant proceeding, the certificate must be returned in person to a witness protection officer.\n> \n> > (3) The Court must not keep a record of, or a copy of, the certificate or another confidential document.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Confidential documents—the Act, s 38A(2)(b)","content":"#### 6 Confidential documents—the Act, s 38A(2)(b)\n\n6 Confidential documents—the Act, s 38A(2)(b)\n\n> > (1) Confidential documents possessed by an agency, other than a court, must be kept and handled only by—\n> > \n> > > (a) a person in the agency with at least a baseline security clearance issued by the Australian Government Security Vetting Agency, or\n> > \n> > > (b) if no one in the agency holds a security clearance referred to in paragraph (a)—\n> > > \n> > > > (i) the head of the agency within the meaning of the Act, section 4B(2), or\n> > > \n> > > > (ii) the General Counsel of the agency, or\n> > > \n> > > > (iii) the chief risk officer of the agency, or\n> > > \n> > > > (iv) a person performing the functions of a person referred to in subparagraphs (i)–(iii).\n> \n> > (2) If confidential documents are shared between the agency and the Commissioner of Police, the sharing must be carried out—\n> > \n> > > (a) in person, or\n> > \n> > > (b) by registered post, or\n> > \n> > > (c) using a secure file sharing platform with end-to-end encryption.\n> \n> > (3) The agency, when carrying out an activity relating to the keeping and handling of confidential documents, must—\n> > \n> > > (a) maintain a record containing the following details—\n> > > \n> > > > (i) names of persons, other than a witness protection officer, involved in the activity,\n> > > \n> > > > (ii) a description of the activity,\n> > > \n> > > > (iii) the dates and times during which the activity was carried out, and\n> > \n> > > (b) consider the NSW Government Information Classification, Labelling and Handling Guidelines published by the Department of Customer Service in April 2021 and as in force from time to time.\n> \n> > (4) In this section—\n> > \n> > court has the same meaning as in the Act, Part 3A.\n> > \n> > sharing, of a confidential document, includes the delivery and receipt of the document.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Forms permitting non-disclosure of former identity","content":"#### 7 Forms permitting non-disclosure of former identity\n\n7 Forms permitting non-disclosure of former identity\n\n> > (1) For the Act, section 24(1)(b), Form 1 in Schedule 1 is prescribed.\n> \n> > (2) For the Act, section 24(5), Form 2 in Schedule 1 is prescribed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Repeal and savings","content":"#### 8 Repeal and savings\n\n8 Repeal and savings\n\n> > (1) The [Witness Protection Regulation 2017](/view/html/repealed/current/sl-2017-0346) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Witness Protection Regulation 2017](/view/html/repealed/current/sl-2017-0346), had effect under that regulation continues to have effect under this regulation.","sortOrder":7},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\nsection 7(1) and (2)\n\nForm 1 Permission for non-disclosure of former identity—participant under NSW witness protection program\n\n[Witness Protection Act 1995](/view/html/inforce/current/act-1995-087), section 24(1)\n\nOn \\[*date*\\], \\[*new identity of participant*\\] (“the participant”) was provided with a new identity under the witness protection program operating in New South Wales.\n\nThe participant is required by or under \\[*law that requires disclosure, including section number of Act if relevant*\\] to disclose the participant’s former identity for the purpose of \\[*purpose*\\].\n\nFor the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087), I, \\[*name, rank and position*\\], the duly appointed delegate of the Commissioner of Police, give the participant permission not to disclose the participant’s former identity to any person as required by that law for that purpose.\n\nSigned—\n\nDate—\n\nNote—\n\nThe Act, section 24 enables permission to be given to a participant who has been provided with a new identity not to disclose the participant’s former identity if the participant would otherwise be required by law to do so. In such a case, it is lawful for the participant in any proceedings or for any purpose in relation to that law to claim that the participant’s new identity is the participant’s only identity.\n\nThis permission remains valid while the participant retains the participant’s new identity even though the participant’s participation in the witness protection program may have been terminated.\n\nThis document must be surrendered by the participant in accordance with a notice issued under the Act, section 21(5) if the participant’s participation in the program is terminated and action is taken by the Commissioner of Police to restore the participant’s former identity.\n\nForm 2 Permission for non-disclosure of former identity—participant under a complementary witness protection law\n\n[Witness Protection Act 1995](/view/html/inforce/current/act-1995-087), section 24(5)\n\nOn \\[*date*\\], \\[*new identity of participant*\\] (“the participant”) was provided with a new identity under the witness protection program operating under \\[*complementary witness protection law*\\].\n\nThe participant is required by or under \\[*law that requires disclosure, including section number of Act if relevant*\\] to disclose the participant’s former identity for the purpose of \\[*purpose*\\].\n\nFor the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087), I, \\[*name, rank and position*\\], the duly appointed delegate of the Commissioner of Police, give the participant permission not to disclose the participant’s former identity to any person as required by that law for that purpose.\n\nSigned—\n\nDate—\n\nNote—\n\nThis permission remains valid while the participant retains the participant’s new identity even though the participant’s participation in the witness protection program may have been terminated.\n\nThis permission is subject to the complementary witness protection law referred to above.","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence of scope change from the original intent. The regulation appears to be a straightforward remake or renewal of existing witness protection administrative rules, consistent with NSW's routine subordinate legislation review cycle. The staged repeal date of 2031 suggests this is a standard periodic remaking of an existing regulatory framework rather than a novel expansion or contraction of scope."},"complexity_factors":["The actual substantive content of the regulation is not visible in the provided text, limiting full analysis","Operates as subordinate legislation (a regulation beneath a parent Act), requiring understanding of the two-tier legal framework","Subject matter — witness protection — can involve sensitive intersections of criminal law, identity law, and administrative law","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer to understand","Limited to NSW jurisdiction, but may interact with Commonwealth witness protection schemes"],"plain_english_summary":"The Witness Protection Regulation 2025 (NSW) sets out the administrative rules for running the NSW witness protection program, guiding how vulnerable witnesses are protected and how NSW Police and officials manage that protection. It affects protected witnesses and the agencies that support them and matters because it enables safe testimony in serious-crime cases. The regulation commenced 12 December 2025 and is due for automatic repeal on 1 September 2031 pending review."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original purpose of operationalising the Witness Protection Act 1995. It replaces the 2017 version with updated security protocols (baseline security clearances, encrypted file sharing) and modernised forms, but does not expand beyond the core function of administering witness protection procedures."},"complexity_factors":["Short length (8 sections plus schedule)","Minimal defined terms (only 3 explicit definitions in section 3, plus one local definition in section 6)","Straightforward procedural rules without nested exceptions","Simple cross-references to parent Act (Witness Protection Act 1995) that provide context rather than complex dependencies","Clear prescriptive language ('must') rather than conditional chains","Two standard forms in Schedule 1 with fill-in-the-blank structure"],"plain_english_summary":"This regulation sets out the practical rules for how NSW Police and other agencies handle witness protection matters under the Witness Protection Act 1995.\n\n**What it does:**\n- **Sets deadlines for record-keeping**: When someone removes a witness's old identity from records, they must ask to keep those records within 20 business days and hand them to the Police Commissioner within another 20 business days.\n- **Controls secret court documents**: Special certificates that hide a protected person's identity must be handed directly to the judge (or their nominee) by a witness protection officer, then returned after the case ends. Courts cannot keep copies.\n- **Protects sensitive files**: Confidential documents must only be handled by people with federal security clearances, or if none available, by the agency's head lawyer, risk officer, or equivalent. When sharing these files with Police, they must use secure methods—hand delivery, registered post, or encrypted platforms.\n- **Requires activity logs**: Agencies must record who handled confidential documents, what they did, and when.\n- **Provides official forms**: Two standard forms allow protected witnesses to legally keep their old identity secret when they would normally be required by law to reveal it—one for NSW program participants, one for those under interstate programs.\n\n**Who it affects:**\n- NSW Police witness protection officers\n- Government agencies dealing with protected witnesses\n- Courts handling cases involving protected persons\n- The protected witnesses themselves (by providing the legal mechanism to hide their former identity)\n\n**Why it matters:**\nThis regulation protects people whose lives are in danger because they testified against criminals. It creates strict rules about who can see sensitive information and how it moves between agencies, reducing the risk of leaks that could get someone killed."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation repeals and replaces the 2017 regulation but expressly preserves acts and arrangements in force immediately before repeal (s8(1)–(2)). The text confines changes to procedural and administrative requirements (timelines, delivery methods, security and forms) and does not introduce new classes of persons or broader statutory powers in its provisions, indicating no substantive expansion of scope."},"complexity_factors":["Procedural specificity: multiple precise administrative steps and deadlines (requests within 20 business days; return of certificates) increase compliance checkpoints (s4, s5).","In-person and secure-delivery rules: non-disclosure certificates must be given and returned in person (s5(1)–(2)); sharing of confidential documents limited to in-person, registered post, or end-to-end encrypted platforms (s6(2)), requiring operational arrangements.","Security-clearance constraint with named exceptions: handling of confidential documents limited to staff with an AGSVA baseline clearance or specified senior officers if no cleared person exists, creating staffing or delegation burdens (s6(1)).","Record-keeping obligations: agencies must log personnel, activities and timestamps when handling confidential documents, and consider NSW info-handling guidelines, creating ongoing administrative costs (s6(3)).","Delegation and discretion: Commissioner of Police delegates authorise non-disclosure permissions and forms are prescribed, concentrating decision-making with police delegates (s5, Schedule 1).","Transitional continuity: the regulation repeals the 2017 instrument but preserves prior effects, limiting sudden scope shifts while requiring transition management (s2, s8(1)–(2))."],"plain_english_summary":"Updates administrative rules for NSW witness protection: sets timeframes for requests about removed identity records, prescribes how non-disclosure certificates are delivered and returned, and sets security, sharing and record-keeping rules for confidential documents. It prescribes two standard forms for permission not to disclose a former identity. Affects NSW Police (including witness protection officers), courts, and agencies that hold confidential witness-protection information. It matters because it changes day-to-day compliance steps, the security-clearance and record-keeping obligations of agencies, and the delegation and delivery practices of police delegates."}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-regulation-2025","history":"/api/acts/witness-protection-regulation-2025/history","analysis":"/api/acts/witness-protection-regulation-2025/analysis","conflicts":"/api/acts/witness-protection-regulation-2025/conflicts","importantCases":"/api/acts/witness-protection-regulation-2025/important-cases","documents":"/api/acts/witness-protection-regulation-2025/documents"}}