33Offence—disclosure by participants and others

33 Offence—disclosure by participants and others

33 Offence—disclosure by participants and others

(1) A person must not, either directly or indirectly, disclose or record—

(a) the fact that the person, or a person with whom the person is associated, has entered into a memorandum of understanding, or

(b) details of a memorandum of understanding, or

(c) the fact that the person is or was a participant in the witness protection program, or

(d) confidential information relating to the witness protection program.

Maximum penalty—imprisonment for 5 years.

(1A) Subsection (1)(c) does not apply to a person if—

(a) the person has a reasonable excuse for recording or disclosing the fact, and

(b) the reasonable excuse relates to a health or safety risk.

(1B) For subsection (1A)(a) and (b), the onus of proof lies with the person seeking to rely on the exemption.

(2) This section does not apply to a disclosure or recording—

(a) that has been authorised by the Commissioner of Police, or

(b) that is necessary for the purposes of an investigation by the Commission or the Inspector, or

(c) that is necessary to comply with an order of the Supreme Court.

(3) In this section—

confidential information, in relation to the witness protection program, means the following—

(a) information relating to a thing done by the Commissioner of Police or another member of the NSW Police Force under this Act,

(b) information about how the witness protection program operates,

(c) information relating to the identity of a member of the NSW Police Force who is or has been involved in the witness protection program.

person means the following—

(a) a participant,

(b) a former participant,

(c) a witness who is being, or has been, assessed for inclusion in the witness protection program.