{"id":"sr:witness-protection-regulations-2017","name":"Witness Protection Regulations 2017","slug":"witness-protection-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185758,"registerId":"vic-sr:witness-protection-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Witness Protection Regulations 2017","content":"Version No. 001\n\n**Witness Protection Regulations 2017**\n\n**S.R. No. 55/2017**\n\nVersion as at  \n1 July 2017\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\nPart 2—Notice requirements 3\n\n5 Notification of scheduled decision 3\n\n6 Notification of change in details in respect of a scheduled decision 3\n\n7 Confirmation of notification 4\n\nPart 3—Documents to be given to the Public Interest Monitor 5\n\n8 Notification of documents 5\n\n9 Disclosure of further documents to the Public Interest Monitor 5\n\n10 Confirmation of receipt of documents 5\n\nPart 4—Security and record keeping 6\n\n11 Dealing with documents received 6\n\n12 Document register to be kept 7\n\n13 Storage of documents 7\n\n14 Confirmation documents have been returned 7\n\n═════════════\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Amendments Not in Operation 12\n\n4 Explanatory details 13\n\n**Version No.** **001**\n\n**Witness Protection Regulations 2017**\n\n**S.R. No. 55/2017**\n\nVersion as at  \n1 July 2017\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) requirements for the notifications given to the Public Interest Monitor under section 20K of the **Witness Protection Act 1991**; and\n\n(b) requirements for the transmission, disposal and storage of documents and information that the Public Interest Monitor receives in performing functions under that Act; and\n\n(c) other matters for the purposes of that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 25A of the **Witness Protection Act 1991**.\n\n\t3 Commencement\n\nThese Regulations come into operation on  \n1 July 2017.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***double-sealed envelope*** means a process whereby—\n\n(a) documents are enclosed in an envelope (the inner envelope) which is sealed and displays markings indicating the security classification level of the documents; and\n\n(b) the inner envelope is then enclosed in a second envelope which is sealed;\n\n***scheduled decision*** means a decision referred to in section 20I(1) of the Act that is due to be made;\n\n***secure delivery*** means delivery of documents in a double-sealed envelope by a member of Victoria Police personnel;\n\n***the Act*** means the **Witness Protection Act 1991**;\n\n***unique identifying number*** means a unique number or name that Victoria Police has assigned for reference purposes to a decision referred to in section 20I(1) of the Act;\n\n***witness protection data*** means any information that the Public Interest Monitor receives under the Act to enable the performance of the Public Interest Monitor's functions under the Act;\n\n***written receipt*** means a receipt given by a Public Interest Monitor that specifies—\n\n(a) the unique identifying number for the scheduled decision; and\n\n(b) whether the scheduled decision is of a type listed in section 20I(1)(a), (b) or (c) of the Act; and\n\n(c) a list of any documents received by the Public Interest Monitor.\n\nPart 2—Notice requirements\n\n\t5 Notification of scheduled decision\n\nA notification under section 20K of the Act must—\n\n(a) occur after the Public Interest Monitor has been contacted by telephone or email to ascertain the Public Interest Monitor's availability to attend the making of a scheduled decision; and\n\n(b) be made by email or hand delivery; and\n\n(c) include all of the following details—\n\n(i) a unique identifying number for the scheduled decision;\n\n(ii) whether the scheduled decision is of a type referred to in section 20I(1)(a), (b) or (c) of the Act;\n\n(iii) the date, time and place of the scheduled decision;\n\n(iv) an estimate of when the Chief Commissioner will give the Public Interest Monitor copies of the documents referred to in section 20K(3) of the Act.\n\n\t6 Notification of change in details in respect of a scheduled decision\n\nThe Chief Commissioner must notify the Public Interest Monitor by email or hand delivery of a change to any details included in a notification under regulation 5 as soon as practicable after becoming aware of the change.\n\n\t7 Confirmation of notification\n\nAs soon as practicable after being notified under regulation 5 or 6, the Public Interest Monitor must—\n\n(a) give the Chief Commissioner a written receipt; and\n\n(b) if the scheduled decision is of a type referred to in section 20I(1)(c) of the Act—advise the Chief Commissioner by email or hand delivery whether or not the Public Interest Monitor intends to exercise the function of the Public Interest Monitor under section 20J(1)(a) in respect of that decision.\n\nPart 3—Documents to be given to the Public Interest Monitor\n\n\t8 Notification of documents\n\nThe Chief Commissioner must give the Public Interest Monitor copies of the documents referred to in section 20K(3) of the Act—\n\n(a) as soon as practicable after those documents have been prepared for the purpose of making a scheduled decision but, in any case, before the scheduled decision is due to be made; and\n\n(b) by secure delivery.\n\n\t9 Disclosure of further documents to the Public Interest Monitor\n\nIf the Chief Commissioner or a member of Victoria Police personnel is required to give the Public Interest Monitor any document under section 20L of the Act, that person must do so as soon as practicable and by secure delivery.\n\n\t10 Confirmation of receipt of documents\n\nAs soon as practicable after receiving any document under regulation 8 or 9, the Public Interest Monitor must give a written receipt to the Chief Commissioner or relevant member of Victoria Police personnel (as appropriate).\n\nPart 4—Security and record keeping\n\n\t11 Dealing with documents received\n\n(1) The Principal Public Interest Monitor must develop written procedures for dealing with witness protection data, including the creation and maintenance of the following—\n\n(a) an information security policy;\n\n(b) an access control policy;\n\n(c) procedures for monitoring access activities in respect of witness protection data;\n\n(d) procedures for ensuring that all witness protection data is adequately protected;\n\n(e) a risk management policy for identifying, analysing and treating security risks to witness protection data;\n\n(f) reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect witness protection data;\n\n(g) a process for the continual monitoring and improvement of an information security incident.\n\n(2) In this regulation—\n\n***information security event*** means an identified occurrence of an information system, service or network state indicating—\n\n(a) a possible breach of information security policy; or\n\n(b) a failure of safeguards; or\n\n(c) a previously unknown situation that may be security relevant;\n\n***information security incident*** means a single information security event or a series of information security events that is likely to have compromised the security of information.\n\n\t12 Document register to be kept\n\n(1) The Principal Public Interest Monitor must keep a register of all documents that the Public Interest Monitor receives to inform the making of a decision referred to in section 20I of the Act.\n\n(2) The register must include—\n\n(a) the current location of those documents; and\n\n(b) the date those documents are returned to the Chief Commissioner under section 20N of the Act.\n\n\t13 Storage of documents\n\n(1) The Public Interest Monitor must keep all documents containing witness protection data in a secure place when not in use.\n\n(2) The secure place must be accessible only to persons entitled to deal with that information.\n\n\t14 Confirmation documents have been returned\n\n(1) The Chief Commissioner must notify the Public Interest Monitor as soon as practicable after the Chief Commissioner receives a document under section 20N of the Act.\n\n(2) A notification made under subregulation (1) must—\n\n(a) be in writing; and\n\n(b) specify the unique identifying number for the decision in question; and\n\n(c) specify the type of information received; and\n\n(d) specify whether or not the Public Interest Monitor has returned all required documents relating to the decision in question.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nThe Witness Protection Regulations 2017, S.R. No. 55/2017 were made on 20 June 2017 by the Governor in Council under section 25A of the **Witness Protection Act 1991**, No. 15/1991 and came into operation on 1 July 2017: regulation 3.\n\nThe Witness Protection Regulations 2017 will sunset 10 years after the day of making on 20 June 2018 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Witness Protection Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing administrative procedures for the Public Interest Monitor's oversight functions under the Witness Protection Act 1991. The scope covers notification requirements, document transmission protocols, and security measures — exactly as authorised by section 25A of the parent Act. No mission creep or expansion beyond the original intent is evident."},"complexity_factors":["Short length (14 regulations total)","Minimal cross-referencing (primarily references to the parent Witness Protection Act 1991)","Straightforward procedural structure (notification → document handling → security)","7 defined terms in the interpretation section, all clearly explained","No nested exceptions or conditional logic beyond basic 'as soon as practicable' timing requirements","Linear operational flow without alternative pathways or complex decision trees"],"plain_english_summary":"This legislation sets out the administrative rules for how Victoria Police and the Public Interest Monitor handle sensitive witness protection information.\n\n**What it does:**\nThese regulations create a secure, documented process for notifying an independent watchdog (the Public Interest Monitor) about important decisions affecting protected witnesses, and for handling the confidential documents involved.\n\n**Key requirements include:**\n\n*   **Giving advance notice:** Victoria Police must contact the Public Interest Monitor before making certain scheduled decisions about witness protection matters, providing details like when and where the decision will be made.\n*   **Secure document handling:** All sensitive documents must be delivered in \"double-sealed envelopes\" by police personnel, stored securely, and tracked in a register.\n*   **Written confirmations:** Both sides must provide written receipts confirming when documents are sent and received.\n*   **Data security:** The Principal Public Interest Monitor must develop comprehensive security policies covering access controls, risk management, and incident response for all witness protection information.\n\n**Who it affects:**\n*   **Victoria Police** (specifically the Chief Commissioner and police personnel) — must follow strict notification and document handling procedures.\n*   **The Public Interest Monitor** — an independent officer who oversees certain witness protection decisions and must maintain secure systems for handling sensitive data.\n*   **Protected witnesses** — indirectly, as these rules aim to ensure their safety and the confidentiality of their information.\n\n**Why it matters:**\nWitness protection involves life-or-death secrecy. These regulations ensure there's independent oversight of police decisions while maintaining strict security protocols to prevent leaks that could endanger witnesses or compromise investigations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations do not change who may make or review witness‑protection decisions; they prescribe procedural and security requirements under the Authorising Provision (reg 2) to implement the Act (reg 1). They set notification, delivery, storage and recordkeeping mechanics for decisions already defined by the Act (see regs 5–14 and reg 4 definitions)."},"complexity_factors":["Narrow, procedural focus: the instrument deals mainly with notifications, document handling and recordkeeping rather than substantive powers (reg 1).","Multiple timing and format steps: initial contact, email or hand delivery, change notifications and written receipts create a multi‑step process (regs 5–7, 10, 14).","Defined secure‑delivery mechanism: the double‑sealed envelope and requirement that delivery be by Victoria Police personnel add operational constraints (reg 4 definition; regs 8–9).","Information security mandates: requirement to develop policies, access controls, monitoring, incident reporting and risk management increases technical and organisational requirements (reg 11).","Recordkeeping and chain‑of‑custody: register entries, tracking current location and return dates create ongoing administrative duties (regs 12–13, 14).","Cross‑references to the Witness Protection Act: the Regulations implement and rely on section 20I–20N of the Act, requiring interpretive alignment with the primary legislation (see reg 4 definitions and regs citing the Act)."],"plain_english_summary":"These Regulations set out how Victoria Police must notify and provide documents to the Public Interest Monitor about certain witness‑protection decisions, and how the Monitor must receive, store and record that material. They require advance contact, written notifications, secure (double‑sealed) delivery by police, written receipts and information‑security and register procedures. The rules affect the Chief Commissioner, Victoria Police personnel and the Public Interest Monitor by creating procedural, security and recordkeeping obligations and associated operational costs (see regs 5–10, 11–14)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence of scope change from the original intent. The regulations appear to remain a standard set of administrative rules supporting the Witness Protection Act, consistent with their original purpose as procedural subordinate legislation."},"complexity_factors":["Insufficient substantive content provided — the document appears to be largely metadata and version history, making meaningful complexity assessment difficult","Witness protection law inherently involves sensitive operational procedures that interact with multiple agencies and legal frameworks","Subordinate legislation (regulations) adds a layer of complexity as they must be read alongside the parent Witness Protection Act","Confidentiality requirements in witness protection schemes often create legally complex obligations around information disclosure","Low score assigned due to near-total absence of actual regulatory content in the text provided"],"plain_english_summary":"These Regulations set out how Victoria’s witness protection program operates in practice, detailing the procedures police use to admit, manage and, where necessary, remove people who face serious risk for cooperating with law enforcement. They govern administrative processes, conditions of protection, and confidentiality, affecting witnesses at risk and the agencies that protect them.\n\nNote: the source provided limited substantive text; this reflects the Regulations’ expected scope from their title and context."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-regulations-2017","history":"/api/acts/witness-protection-regulations-2017/history","analysis":"/api/acts/witness-protection-regulations-2017/analysis","conflicts":"/api/acts/witness-protection-regulations-2017/conflicts","importantCases":"/api/acts/witness-protection-regulations-2017/important-cases","documents":"/api/acts/witness-protection-regulations-2017/documents"}}