5Memorandum of understanding—Victorian witness protection program

5 Memorandum of understanding—Victorian witness protection program S. 5(1) repealed by No. 31/2000 s. 7(a). S. 5(1A) inserted by No. 58/1996 s. 7(1), amended by Nos 31/2000 s. 7(b), 43/2014 s. 11(a). (1A) For the purposes of section 3B(2)(c), a memorandum of understanding between the Chief Commissioner and a witness must— (a) set out the basis on which the witness is included in the Victorian witness protection program and details of the protection and assistance that are to be provided; and (b) contain a provision to the effect that protection and assistance under the program may be terminated if the witness breaches a term of the memorandum of understanding. (2) A memorandum of understanding may contain provisions relating to— (a) any outstanding legal obligations of the witness and how they are to be dealt with; and (b) any legal obligations that the witness may or may not enter into; and (c) the surrender and issue of passports; and (d) the issue of any documents relating to the new identity of the witness; and (e) the prohibition of the witness from engaging in specified activities; and (f) marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships; and S. 5(2)(fa) inserted by No. 43/2014 s. 11(b). (fa) obligations on the witness to disclose, when lawfully required to do so, the witness's criminal history in respect of his or her original identity or in respect of any identity acquired under this Act in relation to which an entry has been made under section 8; and (g) any other obligations of the witness; and S. 5(2)(h) repealed by No. 58/1996 s. 7(2)(a). S. 5(2)(i) amended by No. 31/2000 s. 7(c). (i) if a new identity is to be extended to any members of the family of the witness, provisions relating to paragraphs (a) to (g) in relation to each member of the family to the extent that such provisions are necessary; and S. 5(2)(j) substituted by No. 58/1996 s. 7(2)(b). (j) any other matter for which it may be necessary or convenient to make provision. S. 5(3) inserted by No. 58/1996 s. 7(3), amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(2), 37/2014 s. 10(Sch. item 185.2), 43/2014 s. 11(c). (3) A memorandum of understanding must contain a statement advising the witness of his or her right to complain to the IBAC about the conduct of the Chief Commissioner or another police officer in relation to the matters dealt with in the memorandum. S. 5(4) inserted by No. 58/1996 s. 7(3). (4) A memorandum of understanding must be signed— (a) by the witness; or (b) if the witness is under the age of 18, by a parent or guardian of the witness; or (c) if the witness otherwise lacks legal capacity to sign, by a guardian or other legal personal representative of the witness. S. 5(5) inserted by No. 58/1996 s. 7(3), amended by No. 43/2014 s. 11(c). (5) If— (a) a parent or guardian of a witness has signed a memorandum of understanding because the witness was under the age of 18; and (b) the memorandum is still operating after the witness turns 18— the Chief Commissioner may require the witness to sign the memorandum.