8Selection for inclusion in the NWPP

#### 8 Selection for inclusion in the NWPP (1) The Commissioner has the sole responsibility of deciding whether to include a witness in the NWPP, including cases where an approved authority has requested that a witness be included in the NWPP. (2) A witness may be included in the NWPP only if: (a) the Commissioner has decided that the witness be included; and (b) the witness agrees to be included; and (c) the witness signs a memorandum of understanding in accordance with section 9 or: (i) if the witness is under 18 years—a parent or guardian of the witness signs such a memorandum; or (ii) if the witness otherwise lacks legal capacity to sign the memorandum—a guardian or other person who is usually responsible for the care and control of the witness signs such a memorandum. (3) The Commissioner must, in deciding whether to include a witness in the NWPP, have regard to: (a) whether the witness has a criminal record, particularly in respect of crimes of violence, and whether that record indicates a risk to the public if the witness is included in the NWPP; and (b) if a psychological or psychiatric examination or evaluation of the witness has been conducted to determine the witness’s suitability for inclusion in the NWPP—that examination or evaluation; and (c) the seriousness of the offence to which any relevant evidence or statement relates; and (d) the nature and importance of any relevant evidence or statement; and (e) whether there are viable alternative methods of protecting the witness; and (f) the nature of the perceived danger to the witness; and (g) the nature of the witness’s relationship to other witnesses being assessed for inclusion in the NWPP; and may have regard to such other matters as the Commissioner considers relevant. (4) The Commissioner must not include a witness in the NWPP if the Commissioner does not, in his or her opinion, have enough information to assess the matters referred to in subsection (3) in relation to the witness. (5) If: (a) a parent or guardian of a witness signs a memorandum of understanding because the witness was under 18 years; and (b) the witness is included in the NWPP and remains a participant until after he or she turns 18; the Commissioner may require the participant to sign another memorandum of understanding. (6) In this section: > participant does not include a former participant.