VICIn ForceAct
Witness Protection Act 1991
15ASuspension of protection and assistance
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15A Suspension of protection and assistance
(1) The Chief Commissioner, by giving written notice to a participant, may suspend the provision of protection and assistance to the participant or a member of his or her family under the Victorian witness protection program if the Chief Commissioner is satisfied that the participant has done or intends to do something that limits the ability of the Chief Commissioner to provide adequate protection to the participant or family member.
**Examples**
The participant may have done something that results in him or her being in custody, or may intend to travel to a place despite a warning from the Chief Commissioner not to go there because of the risk of harm to the participant.
S. 15A(1A) inserted by No. 34/2016 s. 18(1).
(1A) The Chief Commissioner, by giving written notice to a witness, may suspend the provision of protection and assistance to the witness or a member of the family of the witness under alternative protection arrangements if the Chief Commissioner is satisfied that the witness has done or intends to do something that limits the ability of the Chief Commissioner to provide adequate protection to the witness or family member.
**Examples**
The witness may have done something that results in the witness being in custody, or may intend to travel to a place despite a warning from the Chief Commissioner not to go there because of the risk of harm to the witness.
S. 15A(2) amended by No. 34/2016 s. 18(2).
(2) Suspension of protection and assistance under subsection (1) or (1A) takes effect when the notice is given to the participant or witness (as the case may be) and has effect for the period specified by the Chief Commissioner in the notice, but may be lifted earlier by the Chief Commissioner.
S. 15A(3) substituted by No. 34/2016 s. 18(3).
(3) To avoid doubt—
(a) despite the suspension of protection and assistance under subsection (1), the participant continues to be a participant during the period of suspension; and
(b) despite the suspension of protection and assistance under subsection (1A), the alternative protection arrangements provided to the witness may resume under the terms of the memorandum of understanding that gave effect to those arrangements on the lifting of the suspension.
S. 16 (Heading) inserted by No. 43/2014 s. 24(1).
S. 16