{"id":"witness-protection-western-australia-regulations-1996","name":"Witness Protection (Western Australia) Regulations 1996","slug":"witness-protection-western-australia-regulations-1996","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183957,"registerId":"wa-witness-protection-western-australia-regulations-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Witness Protection (Western Australia) Regulations 1996","content":"![Crest]()Western Australia\n\nWitness Protection (Western Australia) Act 1996\n\nWitness Protection (Western Australia) Regulations 1996\n\nWestern Australia\n\nWitness Protection (Western Australia) Regulations 1996\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Prescribed authorities (s. 3) 1\n\n4. Prescribed registers (s. 3) 2\n\n5. Information to be provided (s. 10) 2\n\n6. Corresponding laws prescribed (s. 33) 4\n\nNotes\n\nCompilation table 6\n\n  \n\nWestern Australia\n\nWitness Protection (Western Australia) Act 1996\n\nWitness Protection (Western Australia) Regulations 1996\n\n##### 1. Citation\n\nThese regulations may be cited as the *Witness Protection (Western Australia) Regulations 1996* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Witness Protection (Western Australia) Act 1996* comes into operation 1.\n\n##### 3. Prescribed authorities (s. 3)\n\nThese persons are prescribed authorities for the purposes of the Act —\n\n(a) the person who, under the *Curriculum Council Act 1997*, is empowered to issue a certificate to a student;\n\n(b) the person who, under the *Vocational Education and Training Act 1996*, is empowered to confer an approved VET qualification or a prescribed VET qualification;\n\n(c) the person who, under the *Road Traffic (Authorisation to Drive) Act 2008*, is empowered to grant or renew a driver’s licence or issue a learner’s permit;\n\n(da) the person who, under the *Road Traffic (Vehicles) Act 2012*, is empowered to grant or renew a vehicle licence;\n\n(d) the person who, under an Act that establishes a University, is empowered to award, confer or grant a degree, diploma or other qualification;\n\n(e) the person who, under the *Western Australian Photo Card Act 2014*, is empowered to issue a photo card (as defined in section 3 of that Act).\n\n[Regulation 3 inserted: Gazette 25 Sep 2009 p. 3749-50; amended: Gazette 5 Aug 2014 p. 2835; 8 Jan 2015 p. 155‑6.]\n\n##### 4. Prescribed registers (s. 3)\n\nThese records or registers of information are prescribed as prescribed registers for the purposes of the Act:\n\n(a) any record or register of information as to the matters referred to in regulation 3 and required to be kept under an Act referred to in that regulation;\n\n(b) any record or register of the names of persons that is required to be kept under an Act referred to in that regulation.\n\n##### 5. Information to be provided (s. 10)\n\nUnder section 10 of the Act, a witness must provide this information to the Commissioner:\n\n(a) details of all the witness’s outstanding legal obligations;\n\n(b) details of all the witness’s outstanding debts, including amounts outstanding under any judgment in this State or elsewhere or for any tax, including a tax under the law of the State, another State, a Territory or the Commonwealth;\n\n(c) details of any offences of which the witness has been convicted in this State or elsewhere;\n\n(d) details of any civil proceedings that have been instituted by or against the witness and that are pending;\n\n(e) details of any bankruptcy proceedings that have been instituted against the witness and that are pending;\n\n(f) whether the witness is an undischarged bankrupt under the *Bankruptcy Act 1966* of the Commonwealth and if the witness is, copies of all documents relating to the bankruptcy;\n\n(g) whether the witness has entered into or intends to enter into a composition with creditors, a deed of arrangement or a deed of assignment under Part X of the *Bankruptcy Act 1966* of the Commonwealth and, if the witness has or intends to, copies of all relevant documents;\n\n(h) whether the witness is restricted as to holding positions in companies, whether public or private and if so, copies of documents relevant to the restriction;\n\n(i) details of the witness’s immigration status;\n\n(j) details of the witness’s assets (whether real or personal) and financial liabilities in relation to which —\n\n(i) a record is kept under a law of the State, another State or a Territory; or\n\n(ii) the witness has entered into a contractual arrangement;\n\n(k) details of any cash held by the witness or any of the witness’s dependants, whether in accounts or otherwise;\n\n(l) details of any reparation order (including any compensation or restitution order) that is in force against or in favour of the witness;\n\n(m) whether any of the witness’s property (whether real or personal) is liable to forfeiture or confiscation or is subject to restraint under a law of the State, another State, a Territory or the Commonwealth;\n\n(n) the witness’s general medical and mental condition;\n\n(o) the general medical and mental condition of the witness’s dependants;\n\n(p) details of any relevant court orders or arrangements —\n\n(i) relating to custody of or access to children;\n\n(ii) restraining the activities of the witness;\n\n(q) details of any business dealings in which the witness is involved;\n\n(r) details of any sentence or other order imposed on the witness for an offence and to which the witness is subject, together with copies of any relevant documents;\n\n(s) details of any order releasing the witness from custody such as an order as to bail or a parole order and to which the witness is subject, together with copies of any relevant documents;\n\n(t) details of any arrangements that the witness has made for —\n\n(i) the service of documents on the witness;\n\n(ii) representation in court proceedings;\n\n(iii) enforcement of judgments in the witness’s favour;\n\n(iv) compliance with the enforcement of any judgments against the witness;\n\n(u) details of any threats or incidents, whether real or perceived, that could be regarded as a danger to the witness or to a person related to (including a de facto partner of the witness) or associated with the witness.\n\n[Regulation 5 amended: Gazette 30 Jun 2003 p. 2636.]\n\n##### 6. Corresponding laws prescribed (s. 33)\n\nFor the purposes of the definition of ***corresponding law*** in section 33 of the Act, these laws are prescribed laws —\n\n(a) the *Witness Protection Act 2000* (Queensland) Part 3 Division 2;\n\n(b) the *Witness (Identity Protection) Act 2006* (Tasmania) Part 3.\n\n[Regulation 6 inserted: Gazette 25 Jan 2013 p. 281.]\n\n[Schedule 1 deleted: Gazette 25 Jan 2013 p. 281.]\n\nNotes\n\n1 This is a compilation of the *Witness Protection (Western Australia) Regulations 1996* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Witness Protection (Western Australia) Regulations 1996* | 6 Dec 1996 p. 6779‑82 | 7 Dec 1996 (see r. 2 and *Gazette* 6 Dec 1996 p. 6699) |\n| *Equality of Status Subsidiary Legislation Amendment Regulations 2003* Pt. 41 | 30 Jun 2003 p. 2581‑638 | 1 Jul 2003 (see r. 2 and *Gazette* 30 Jun 2003 p. 2579) |\n| **Reprint 1: The *Witness Protection (Western Australia) Regulations 1996* as at 16 Jan 2004** (includes amendments listed above) | | |\n| *Witness Protection (Western Australia) Amendment Regulations 2009* | 25 Sep 2009 p. 3749-50 | r. 1 and 2: 25 Sep 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Sep 2009 (see r. 2(b)) |\n| *Witness Protection (Western Australia) Amendment Regulations 2013* | 25 Jan 2013 p. 280-1 | r. 1 and 2: 25 Jan 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Mar 2013 (see r. 2(b)) |\n| *Witness Protection (Western Australia) Amendment Regulations (No. 2) 2014* | 5 Aug 2014 p. 2835 | r. 1 and 2: 5 Aug 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 6 Aug 2014 (see r. 2(b)) |\n| *Witness Protection (Western Australia) Amendment Regulations 2014* | 8 Jan 2015 p. 155‑6 | r. 1 and 2: 8 Jan 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page returned only a system error notice indicating the URL has changed due to website upgrades."},"complexity_factors":["No legislative content was retrievable — the URL returned a 'page not found' error message rather than the actual regulations","Impossible to assess true legal complexity without access to the document text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Witness Protection (Western Australia) Regulations 1996* is no longer available on the Western Australian legislation website. The link appears to be broken due to system and security upgrades.\n\n**What this means for you:** No analysis of the actual regulations can be provided because the document text was not accessible. If you need to read these regulations, try:\n- Navigating directly through the [Western Australian Legislation website](https://www.legislation.wa.gov.au) using the search or menu\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the error page\n- Checking the Federal Register of Legislation or AustLII for a cached version"},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been amended since 1996 to add and update prescribed authorities and registers and to nominate corresponding interstate laws (see regulation 3 as amended (Gazette 25 Sep 2009; 5 Aug 2014; 8 Jan 2015) and regulation 6 inserted 25 Jan 2013). These changes broaden which record‑holders and external regimes interact with the Commissioner and expand the set of documents and bodies that can be used for witness assessment under the Act."},"complexity_factors":["Cross‑references to multiple external Acts and agencies (see regulation 3 prescribing authorities under various Acts).","Broad, detailed disclosure obligations required of witnesses (financial, legal, medical, immigration, threats) under regulation 5 and s.10 of the Act.","Operational dependence on records and registers held by other bodies (regulation 4 prescribes registers).","Administrative discretion concentrated with the Commissioner to assess supplied information (information flows to the Commissioner under regulation 5 / s.10).","Regulatory history and later amendments that expand scope (regulation 3 amendments 2009, 2014–2015; regulation 6 inserted 2013)."],"plain_english_summary":"These regulations list which government officers and official registers count for the Witness Protection (WA) Act, set out the information a witness must give the Commissioner, and name corresponding interstate witness‑protection laws. They affect people entering witness protection, agencies that hold identity/qualification/vehicle records, and the Commissioner, because those records and disclosures determine eligibility, risk assessment and the administrative measures available under the Act."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Witness Protection Act by specifying document-issuing authorities, accessible registers, disclosure requirements, and interstate recognition. Amendments have been limited to updating references to renamed or renumbered statutes (e.g., Road Traffic Acts, addition of Photo Card Act) and adding corresponding laws from other states. No scope creep detected."},"complexity_factors":["Short length (6 regulations plus notes)","Minimal cross-referencing (only references to specific sections of the parent Act and external Acts)","Straightforward structure: definitions of authorities, registers, information requirements, and corresponding laws","No nested exceptions or conditional logic chains","Simple amendment history tracked in compilation table","Only 2 defined terms used in the body ('prescribed authorities' and 'prescribed registers' implicitly defined by listing)"],"plain_english_summary":"These regulations support Western Australia's witness protection scheme by filling in practical details that the main Act doesn't cover.\n\n**What it does:**\n\n*   **Identifies who can help witnesses get new identities:** The regulations list specific government officials who can issue new documents to protected witnesses — like driver's licences, university degrees, vocational qualifications, and photo ID cards. These officials are called \"prescribed authorities.\"\n*   **Sets out what records can be accessed:** It specifies which government databases (like driver's licence records or university enrolment registers) can be used to help create or verify a witness's new identity.\n*   **Requires full financial and legal disclosure:** Before entering protection, witnesses must tell the Commissioner about their debts, criminal history, court cases, bankruptcy status, assets, medical conditions, family court orders, business dealings, and any threats against them. This ensures there are no nasty surprises that could blow their cover later.\n*   **Links with other states:** It recognises witness protection laws from Queensland and Tasmania, allowing for coordination between states when witnesses move across borders.\n\n**Who it affects:**\n\n*   People entering the Western Australian witness protection program\n*   The Commissioner of Police who runs the program\n*   Various government agencies (Transport, Education, Universities) whose staff issue identity documents\n\n**Why it matters:**\n\nWitness protection only works if the new identity is bulletproof. These regulations ensure that when someone gets a new driver's licence or degree certificate, the person issuing it has the legal power to do so, and that the witness can't hide criminal debts or court orders that might later expose them. The detailed disclosure requirements (regulation 5) are particularly important — they prevent witnesses from using the program to escape financial responsibilities or ongoing legal proceedings."}},"importantCases":[],"_links":{"self":"/api/acts/witness-protection-western-australia-regulations-1996","history":"/api/acts/witness-protection-western-australia-regulations-1996/history","analysis":"/api/acts/witness-protection-western-australia-regulations-1996/analysis","conflicts":"/api/acts/witness-protection-western-australia-regulations-1996/conflicts","importantCases":"/api/acts/witness-protection-western-australia-regulations-1996/important-cases","documents":"/api/acts/witness-protection-western-australia-regulations-1996/documents"}}