NSWIn ForceAct
Witness Protection Act 1995
17Power of Supreme Court to make order
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#### 17 Power of Supreme Court to make order
17 Power of Supreme Court to make order
> The Supreme Court may make a witness protection order if it is satisfied that—
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> > (a) the person named in the application as a participant—
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> > > (i) was a witness to or has knowledge of an indictable offence and is or has been a witness in criminal proceedings relating to the indictable offence, or
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> > > (ii) is a person who, because of the person’s association with a person to whom subparagraph (i) applies, may require protection or other assistance under this Act or (in the case of an order applied for by the designated authority for a complementary witness protection law) under that law, and
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> > (b) the life or safety of the person may be endangered as a result of the person being a witness, and
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> > (c) the person has entered into—
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> > > (i) a memorandum of understanding under section 8, or
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> > > (ii) an interim memorandum of understanding under sections 8 and 10, or
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> > > (iii) for an order relating to an application made by the designated authority for a complementary witness protection law—a memorandum of understanding under the corresponding provision of that law, and
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> > (d) the person is likely to comply with the memorandum of understanding, and
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> > (e) for an order to remove an identity record under section 15(1)(b)(i)—there is a risk of the identity record linking the participant’s previous identity and new identity.
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> **s 17:** Am 2002 No 54, Sch 1 \[22\] \[23\]; 2024 No 89, Sch 1\[23\]–\[26\].