Div 9Modified reporting procedures for protected witnesses

Division 9—Modified reporting procedures for protected witnesses 54—Who this Division applies to (1) This Division applies to each of the following: (a) a registrable offender who is currently a participant in the State Witness Protection Program; (b) a registrable offender who is the subject of an order in force under this Division declaring that he or she is a person to whom this Division applies. (2) This Division (except sections 56 to 58) also applies to a registrable offender who is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection. (3) In this Division— State Witness Protection Program has the same meaning as in the Witness Protection Act 1996. Section 6(5) excludes from the definition of registrable offender persons receiving protection under foreign witness protection laws prescribed for the purposes of that section or who have the same status as such persons under a corresponding law that is so prescribed. 55—Report need not be made in person It is sufficient compliance with the requirements of this Part— (a) if a person to whom this Division applies reports such of the information that he or she is required to report under this Part as the Commissioner requires him or her to report and does so at the times, and in a manner, authorised by the Commissioner for the purposes of this section; and (b) if the acknowledgment of the making of a report is given in a manner approved by the Commissioner. 56—Order as to whether Division applies (1) The Commissioner must make an order declaring that a registrable offender who is a participant in the State Witness Protection Program either is, or is not, a person to whom this Division applies— (a) when the registrable offender ceases to be a participant in the program as a consequence of a request under section 15(1)(a) of the Witness Protection Act 1996; or (b) when the Deputy Commissioner makes a decision under section 15(1)(b) of the Witness Protection Act 1996 that the protection and assistance provided to the registrable offender under the program be terminated. (2) On making such an order, the Commissioner must take reasonable steps to notify the registrable offender of the terms of the order. (3) A person who receives such a notification may, within 28 days after receiving it, apply in writing to the Commissioner for a review of the order. (4) On receiving an application for a review, the Commissioner— (a) must review the order, and confirm or reverse it; and (b) before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case; and (c) after making a decision on the matter, must give written notice of the decision to the applicant. (5) If the decision of the Commissioner is to confirm the order, the notice of the decision must inform the applicant of his or her rights under section 57. 57—Appeal to District Court (1) A person who is aggrieved by a decision of the Commissioner in relation to an order under this Division may appeal against the decision to the Administrative and Disciplinary Division of the District Court. (2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against. (3) The Commissioner must, on application by a person affected by a decision that may be the subject of an appeal, give the person a written statement of the reasons for the decision. (4) If a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the person affected by the decision, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the person receives the written statement of reasons. 58—When order takes effect (1) An order declaring that this Division applies to a registrable offender takes effect immediately. (2) An order declaring that this Division does not apply to a registrable offender takes effect— (a) at the end of 28 days after notice of the making of the order is given to the registrable offender; or (b) if an application referred to in section 56(3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in section 56(4)(c); or (c) if an appeal is instituted under section 57, on the date on which the appeal is determined, 59—Modification of ongoing reporting obligations Sections 13(1), 17 to 20 and 47 apply with respect to a person to whom this Division applies as if any reference in them to South Australia were a reference to the jurisdiction in which the person generally resides.