{"id":"F2018L01728","name":"Witness Protection Regulations 2018","slug":"witness-protection-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98384,"registerId":"commonwealth-F2018L01728-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Witness Protection Regulations 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Witness Protection Act 1994.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) complementary witness protection law;\n    (b) former NWPP identity;\n    (c) original identity;\n    (d) participant.\n  In this instrument:\n\n> Act means the Witness Protection Act 1994.","sortOrder":2},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of eligible national security clearance","content":"#### 5A Meaning of eligible national security clearance\n\n  For the purposes of the definition of eligible national security clearance in section 3 of the Act, a security clearance at one of the following levels is prescribed:\n    (a) Negative Vetting Level 1;\n    (b) Negative Vetting Level 2;\n    (c) Positive Vetting.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Permission not to disclose former identity—prescribed form","content":"#### 6 Permission not to disclose former identity—prescribed form\n\n  (1) For the purposes of paragraph 16(1)(b) of the Act, Form 1 in Schedule 1 is prescribed.\n  (2) For the purposes of subsection 16(5) of the Act, Form 2 in Schedule 1 is prescribed and may be used for the purpose of granting an approval under subsection 16(4) of the Act.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of civil proceeding","content":"#### 7 Meaning of civil proceeding\n\n  For the purposes of paragraph (d) of the definition of civil proceeding in subsection 27A(3) of the Act, each of the following is prescribed:\n    (a) an application for a restraining order under Division 2 of Part 2‑1 of the Proceeds of Crime Act 2002;\n    (b) an examination conducted under Division 3 of Part 3‑1 of the Proceeds of Crime Act 2002.","sortOrder":5},{"sectionNumber":"Form 1—Permission under the Witness Prot","sectionType":"part","heading":"Form 1—Permission under the Witness Protection Act 1994 for participant not to disclose original identity or former NWPP identity","content":"## Form 1—Permission under the Witness Protection Act 1994 for participant not to disclose original identity or former NWPP identity\n\nCommonwealth of Australia\n\nWitness Protection Act 1994\n\nPermission under paragraph 16(1)(b) of the Act for participant not to disclose original identity or former NWPP identity\n\nI, \\[name\\], the Commissioner of the Australian Federal Police, under paragraph 16(1)(b) of the Witness Protection Act 1994, give permission to \\[name of participant\\]:\n\n  (a) a participant who has been provided with a new identity under the National Witness Protection Program; and\n  (b) who would, apart from section 16 of that Act, be required by or under a law of the Commonwealth to disclose the participant’s \\*original identity /\\*former NWPP identity provided on \\[date\\] for a particular purpose, namely \\[specify the purpose\\];\n\nnot to disclose that identity for that particular purpose.\n\nDated\n\nCommissioner\n\n\\*Omit if not applicable.","sortOrder":6},{"sectionNumber":"Form 2—Permission under a complementary ","sectionType":"part","heading":"Form 2—Permission under a complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity","content":"## Form 2—Permission under a complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity\n\nCommonwealth of Australia\n\nWitness Protection Act 1994\n\nPermission under complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity\n\nI, \\[name\\], the Commissioner of the Australian Federal Police, under \\[specify provision\\] of \\[specify State or Territory law\\] of \\[specify State or Territory\\], a complementary witness protection law within the meaning of the Witness Protection Act 1994 of the Commonwealth (the Witness Protection Act), give permission to \\[name of participant\\]:\n\n  (a) a participant who has been provided with a new identity under the National Witness Protection Program under the Witness Protection Act; and\n  (b) who would otherwise be required to disclose the participant’s \\*original identity /\\*former NWPP identity provided on \\[date\\] for a particular purpose, namely \\[specify the purpose\\];\n\nnot to disclose that identity to a Commonwealth officer for that particular purpose.\n\nDated\n\nCommissioner\n\n\\*Omit if not applicable.","sortOrder":7}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation does not expand the Act’s substantive scope. Instead it clarifies and implements procedural elements: prescribes the official permission forms and their use (reg 6 and Schedule Forms 1–2), specifies which security clearances qualify as ‘eligible’ (reg 5A), and lists specific Proceeds of Crime Act processes as ‘civil proceedings’ for the Act’s application (reg 7). Decision-making authority and compliance duties remain administrative (Commissioner grants permissions; participants and receiving Commonwealth officers follow the prescribed forms)."},"complexity_factors":["Narrow, administrative scope: prescribes forms and definitions rather than substantive new offences or rights (Forms 1–2; regs 6, Form schedules).","Cross‑references to primary legislation: relies on undefined terms and procedural hooks in the Witness Protection Act 1994 (see regs 5 note, reg 6 referencing s16 of the Act).","Interacts with other statutes: defines certain Proceeds of Crime Act 2002 processes as ‘civil proceedings’ for the Act’s purposes (reg 7).","Clear, limited list of security levels for ‘eligible national security clearance’ reduces interpretive ambiguity (reg 5A: Negative Vetting Level 1 & 2, Positive Vetting).","Administrative discretion concentrated in the AFP Commissioner to grant permissions under prescribed forms (Forms 1–2)."],"plain_english_summary":"This regulation implements parts of the Witness Protection Act 1994 by prescribing administrative details: the instrument name and authority, the official permission forms for protected participants not to disclose their original or former NWPP identity, which national security clearance levels count as “eligible”, and which Proceeds of Crime hearings count as specified civil proceedings. It affects participants in the National Witness Protection Program, the AFP Commissioner (who grants permissions), and Commonwealth officers who would otherwise receive identity disclosures."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operational details for the Witness Protection Act 1994. They address specific gaps (security clearance levels, prescribed forms, civil proceedings definition) without expanding into new policy areas."},"complexity_factors":["Very short instrument (approximately 2 pages of substantive content)","Only 4 substantive sections (5A, 6, 7) plus definitions","Minimal cross-referencing — only refers back to the parent Act and one other Act (Proceeds of Crime Act 2002)","No nested exceptions or conditional logic","Straightforward prescriptive approach: 'X is prescribed' or 'Form Y is prescribed'","Simple binary form templates with fill-in-the-blank structure"],"plain_english_summary":"These regulations flesh out the Witness Protection Act 1994, setting which government security clearances qualify staff, prescribing two official permission forms for protected witnesses to withhold former identities (for Commonwealth or State/Territory purposes), and clarifying certain Proceeds of Crime actions as “civil proceedings.” They affect protected witnesses, AFP administrators and complementary state agencies, and matter because they create the legal and procedural safeguards that prevent forced identity disclosure and ensure only properly vetted people handle sensitive witness information."}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-regulations-2018","history":"/api/acts/witness-protection-regulations-2018/history","analysis":"/api/acts/witness-protection-regulations-2018/analysis","conflicts":"/api/acts/witness-protection-regulations-2018/conflicts","importantCases":"/api/acts/witness-protection-regulations-2018/important-cases","documents":"/api/acts/witness-protection-regulations-2018/documents"}}