9Memorandum of understanding

#### 9 Memorandum of understanding (1) A memorandum of understanding is to: (a) set out the basis on which a participant is included in the NWPP and details of the protection and assistance that is to be provided; and (b) contain a provision to the effect that protection and assistance under the NWPP may be terminated if the participant breaches a term of the memorandum of understanding. (2) A memorandum of understanding in relation to a participant may also contain: (a) the terms and conditions on which protection and assistance is to be provided to the participant, which may include a condition that protection and assistance may be withdrawn if the participant: (i) commits an offence against a law of the Commonwealth or of a State or Territory; or (ii) engages in activities of a kind specified in the memorandum of understanding; or (iii) compromises the integrity of the NWPP; and (b) an agreement by or on behalf of the participant not to compromise, directly or indirectly, the security of, or any other aspect of, the protection or assistance being provided; and (c) an agreement by or on behalf of the participant that the participant comply with all reasonable directions of the Commissioner in relation to the protection and assistance provided to the participant; and (d) an agreement by or on behalf of the participant that the participant will, if required to do so by the Commissioner: (i) undergo medical, psychological or psychiatric tests or examinations and make the results available to the Commissioner; or (ii) undergo drug or alcohol counselling or treatment; and (e) a list of: (i) the outstanding legal obligations (including family maintenance obligations and taxation obligations) of the participant; and (ii) any other obligations of the participant; and an agreement by or on behalf of the participant as to how those obligations are to be met; and (f) a financial support arrangement; and (g) an agreement by or on behalf of the participant that the participant will disclose to the Commissioner details of any criminal charges that are made against, and any civil or bankruptcy proceedings that are made in relation to, the participant after the participant is included in the NWPP; and (h) details of how a suspension of protection and assistance under section 17A or 17B affects any of the other matters in the memorandum of understanding. (3) A memorandum of understanding must be signed by or on behalf of the witness in the presence of a person who holds or occupies a designated position. (4) A witness becomes included in the NWPP when the Commissioner signs the memorandum of understanding. (5) The Commissioner must, as soon as practicable after signing a memorandum of understanding, notify the relevant participant that it has been signed. (6) Subject to subsection (7), the Commissioner may, by notice in writing given to a participant, vary the memorandum of understanding, and a variation takes effect on the day on which the notice is received by the participant. (7) A variation must not have the effect of removing from the memorandum of understanding the provisions referred to in subsection (1). (8) In this section: > participant does not include a former participant. (9) To avoid doubt, subsection (8) does not affect any obligation of a former participant under a memorandum of understanding if the obligation continues (whether expressly or impliedly) to have effect after the former participant ceased to be included in the NWPP.