NSWIn ForceAct
Witness Protection Act 1995
21Restoration of previous identity
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#### 21 Restoration of previous identity
21 Restoration of previous identity
> > (1) The Commissioner of Police may, if the Commissioner considers it appropriate in the circumstances, decide to take action to restore a former participant’s previous identity.
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> > (2) The Commissioner of Police must take reasonable steps to notify the former participant of a decision under subsection (1).
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> > (3) If the Commissioner of Police proposes to take action to restore the former participant’s previous identity, the former participant may apply in writing to the Commissioner for a review of the decision.
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> > (4) If an application is made, the Commissioner of Police—
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> > > (a) must review the decision and confirm, reverse or vary it, and
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> > > (b) before making that decision, must give the participant a reasonable opportunity to state his or her case, and
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> > > (c) after making that decision, must inform the participant in writing of the decision.
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> > (5) If the Commissioner of Police—
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> > > (a) takes action under this section to restore the previous identity of a person who was a participant, and
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> > > (b) the Commissioner notifies the former participant in writing that he or she is required to return to the Commissioner all documents provided to the former participant that relate to the new identity provided under the witness protection program,
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> > the former participant must not, without reasonable excuse, refuse or fail to return those documents to the Commissioner within 14 days after receiving the notice.
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> > Maximum penalty (subsection (5)): 10 penalty units.
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> **s 21:** Am 2024 No 89, Sch 1\[20\] \[34\].