13Action to protect witnesses, participants and former participants etc.

#### 13 Action to protect witnesses, participants and former participants etc. (1) If a witness is included in the NWPP, or is being assessed for inclusion in the NWPP, the Commissioner is to take such action as the Commissioner considers necessary and reasonable to protect the witness’s safety and welfare while also protecting the safety of the Commissioner, a Deputy Commissioner, AFP employees and special members of the Australian Federal Police. (2) That action may include: (a) applying for any documents necessary: (i) to allow the witness to establish a new identity; or (ii) otherwise to protect the witness; and (b) permitting persons who hold or occupy designated positions to acquire and use assumed identities in accordance with Part IAC of the Crimes Act 1914; and (c) relocating the witness; and (d) providing accommodation for the witness; and (e) providing transport for the witness’s property; and (f) providing payments to the witness for the purpose of meeting the reasonable living expenses of the witness (including, where appropriate, living expenses of the witness’s family) and providing, whether directly or indirectly, other reasonable financial assistance; and (g) providing payments to the witness for the purpose of meeting costs associated with relocation; and (h) providing assistance to the witness in obtaining employment or access to education; and (i) providing other assistance to the witness with a view to ensuring that the witness becomes self‑sustaining; and (j) doing other things that the Commissioner considers to be necessary to ensure the safety of the witness. (3) The Commissioner must not obtain documentation for a witness that represents the witness: (a) to have qualifications that the witness does not have; or (b) to be entitled to benefits to which the witness would not otherwise be entitled. (4) A Commonwealth officer must not prepare documentation relating to the establishment of a new identity for a participant unless the officer has an eligible national security clearance. (5) The Commissioner may take the actions referred to in subsections (1) and (2) in respect of a former participant, or any other person whose relationship with the former participant is such that the Commissioner is satisfied that it is appropriate to take those actions, as if the former participant or other person were a witness included in the NWPP, if: (a) the Commissioner considers the actions necessary and reasonable for the protection of the former participant or the other person; and (b) the Commissioner has assessed the suitability of taking the actions in respect of the former participant or the other person. (6) If the Commissioner takes action under subsection (5) in respect of a person other than a former participant, this Act applies to the person as if the person were a former participant. (7) When the Commissioner first takes action under subsection (5) in respect of a former participant who was a participant under section 10 or 10A, the Commissioner must give the Immigration Secretary, or an officer nominated by that Secretary, written notice that he or she has taken that action.