Witness Protection (Northern Territory) Act 2002

This Act establishes and governs the Territory witness protection program (TWPP) in the Northern Territory, setting out who may be protected, what protection may consist of, the institutional roles and inter-jurisdictional arrangements, the legal mechanisms for creating and cancelling assumed identities, procedural safeguards for participants, criminal offences protecting the program’s secrecy and related statutory powers and immunities.

Mechanically the Act does the following:

Creates a statutory TWPP and assigns the Commissioner of Police the duty to establish and maintain it (s 5). The Commissioner may authorise other members of the Police Force to act for TWPP purposes (s 5(2), s 13).
Prescribes the scope of protective measures the TWPP may provide, including new identities, relocation, accommodation, transport, financial assistance and help with employment or education (s 5(3)(a)-(l)). It also permits protecting police officers to use assumed names and supporting documentation (s 5(3)(m)).
Requires participants (witnesses or family members) to be included only where the Commissioner determines there is a risk that necessitates protection and where a memorandum of understanding (MOU) is in force (s 7(1)(a), (d)). MOUs must specify the basis of inclusion, the protection provided and the effect of the termination rules (s 10(1)).
Vests the Commissioner with sole responsibility to decide whether to include a witness or family member in the TWPP (s 8(1)), but requires the Commissioner to have regard to specified factors such as criminal record, psychiatric assessment, seriousness of the offence, nature of evidence and available alternatives (s 8(2)).
Provides a court-ordered procedure for the creation of legal “new identities” (birth, marriage or death registration entries). The Commissioner (or an approved authority in respect of recognised participants) applies to the Northern Territory Supreme Court for an order authorising the Registrar to make new Register entries; on receipt the Registrar must make the new entry and the entry has effect as a valid entry under the Births, Deaths and Marriages Registration Act 1996 (ss 14-16). The Supreme Court’s statutory criteria for granting such orders are set out in s 15 (for TWPP participants) and s 29C (for ICAC witnesses).

NORTHERN TERRITORY OF AUSTRALIA WITNESS PROTECTION (NORTHERN TERRITORY) ACT 2002 As in force at 3 March 2023 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Declaration of approved authorities and complementary witness protection laws etc. ............................................................. 4 Part 2 Territory witness protection program Division 1 Establishment 5 Commissioner to establish Territory witness protection program ........................................................................................... 5 6 Commercial arrangements for benefit of participant ........................ 6 Division 2 Inclusion of witnesses etc. in TWPP 7 Conditions on which witness or family member included in TWPP .............................................................................................. 7 8 Decision of Commissioner whether to include witness or family member ........................................................................................... 7 9 Commissioner to receive information before making decision to include witness or family member................................................ 8 10 Memorandum of understanding: content ........................................ 9 11 Memorandum of understanding: signing ...................................... 10 12 Memorandum of understanding: amending .................................. 11 13 Commissioner must take action to protect etc. .............................. 11 Division 3 New identities for participants 14 Application to Supreme Court for order ......................................... 11 15 Power of Supreme Court to make order ........................................ 12 16 Effect of order authorising new identity.......................................... 12 17 Commissioner to maintain records of original entries in Register ......................................................................................... 13 18 Marriage of participant who has been given new identity .............. 13

Witness Protection (Northern Territory) Act 2002 ii Division 4 Termination of inclusion in TWPP Subdivision 1 Cessation of protection and assistance 19 Termination of protection etc. by Commissioner or Deputy Commissioner................................................................................ 14 20 Procedure for involuntary termination of protection etc. ................ 15 21 When involuntary termination takes effect ..................................... 15 22 Effect of termination of protection and assistance ......................... 16 Subdivision 2 Restoration of former identity of former participant 23 Restoration of former identity......................................................... 16 24 When Commissioner or Deputy Commissioner may take action to restore former identity ..................................................... 17 25 Commissioner or Deputy Commissioner must apply to Supreme Court to restore former identity ...................................... 18 26 Approved authority may apply to Court to restore former identity ........................................................................................... 18 27 Power of Supreme Court to make order ........................................ 18 28 Registrar to cancel new identity ..................................................... 19 29 Effect of cancellation of new identity.............................................. 19 Part 2A Assumed identities for ICAC witnesses Division 1 Preliminary matters 29A Application of Part ......................................................................... 20 Division 2 Orders for protection 29B Application by ICAC for order ........................................................ 20 29C Power of Supreme Court to make order ........................................ 20 Division 3 Arrangements for protection 29D Memorandum of understanding – content ..................................... 21 29E Memorandum of understanding – signing ..................................... 23 29F Memorandum of understanding – amending ................................. 23 Division 4 Restoration of former identity of former ICAC witness 29G Restoration of former identity......................................................... 24 29H When ICAC may take action to restore former identity .................. 24 29J ICAC must apply to Supreme Court to restore former identity ....... 25 29K Approved authority may apply to Court to restore former identity ........................................................................................... 25

Witness Protection (Northern Territory) Act 2002 iii 29L Power of Supreme Court to make order ........................................ 26 Part 3 Arrangements between Commissioner and approved authorities 30 Arrangements with approved authorities ....................................... 26 31 Exercise of powers etc. by Commissioner etc. under complementary witness protection law .......................................... 27 32 Exercise of powers etc. under this Act by approved authority ....... 27 Part 4 Offences 33 Offences relating to disclosure of information about participants .................................................................................... 28 34 Offences relating to disclosure of information by participants ........ 29 35 Person who has new identity not to use documents relating to former identity ................................................................................ 30 Part 5 Miscellaneous 36 Provision of information about participant or former participant to approved authorities .................................................................. 30 37 Commissioner may delegate powers and functions under this Act ................................................................................................. 31 38 Proceedings in Supreme Court to be closed to public ................... 31 39 Immunity from proceedings ........................................................... 32 40 Double jeopardy ............................................................................ 32 41 Regulations.................................................................................... 33 42 Transitional .................................................................................... 33 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 3 March 2023

WITNESS PROTECTION (NORTHERN TERRITORY) ACT 2002 An Act to establish a program to arrange and provide protection and assistance to persons who are or have been witnesses in criminal proceedings, and to other persons, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Witness Protection (Northern Territory) Act 2002. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act: approved authority means: (aa) the ICAC; or (a) the Commissioner of the Australian Federal Police; or (b) the highest ranking officer (however designated) of the police force of a State or another Territory of the Commonwealth; or (c) the Chief Executive Officer of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or (d) an authority or body of the Commonwealth or a State or Territory of the Commonwealth that the Minister declares under section 4(1) to be an approved authority. authorised member of the Police Force means a member of the Police Force who is authorised under an instruction given by the Commissioner or a general order made under section 14A of the

Part 1 Preliminary Witness Protection (Northern Territory) Act 2002 2 Police Administration Act 1978 to carry out duties for the purposes of giving protection and assistance under the TWPP to a witness or family member. Commissioner means the Commissioner of Police. complementary witness protection law means: (a) the Witness Protection Act 1994 of the Commonwealth; or (b) a law of a State or another Territory of the Commonwealth that: (i) makes provision for the protection of witnesses or family members; and (ii) is declared by the Minister under section 4(3) to be a complementary witness protection law. complementary witness protection program means a witness protection program established under a complementary witness protection law. Deputy Commissioner has the same meaning as in the Police Administration Act 1978. family member, of a witness, means: (a) a spouse or de facto partner of the witness; or (b) a person who is related to or associated with the witness. former identity, in relation to a person who was a participant who was given a new identity, means the identity of the person before the person was given the new identity. ICAC Act means the Independent Commissioner Against Corruption Act 2017. ICAC examination means an examination as defined in section 4 of the ICAC Act. ICAC investigation means an investigation as defined in section 4 of the ICAC Act. ICAC witness means a person mentioned in the definition witness, paragraph (d). Inspector, see section 4 of the ICAC Act.

Part 1 Preliminary Witness Protection (Northern Territory) Act 2002 3 memorandum of understanding means a memorandum of understanding entered into in respect of a witness or family member under Part 2, Division 2. new identity, in relation to a participant, means the identity given to the participant under Part 2, Division 3 as a means of providing protection and assistance to the participant under the TWPP. officer of an approved authority means: (a) an employee, member or officer (however described) of the authority or body administered by an approved authority referred to in paragraph (a), (b) or (c) of the definition of approved authority; or (b) a person who is an employee, member or officer (however described) of an approved authority referred to in paragraph (d) of the definition of approved authority. participant means a witness or family member who receives protection or assistance under the TWPP. public inquiry, see section 4 of the ICAC Act. recognised participant means a witness or family member who receives protection or assistance under a complementary witness protection program. Register has the same meaning as in the Births, Deaths and Marriages Registration Act 1996. Registrar has the same meaning as in the Births, Deaths and Marriages Registration Act 1996. TWPP means the Territory witness protection program established and maintained under section 5 of this Act. witness means a person who: (a) has given or agreed to give evidence on behalf of the Crown in: (i) proceedings for an offence against a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth; or (ii) hearings or proceedings before an authority that the Minister declares under section 4(4) to be an authority to which this paragraph applies; or

Part 1 Preliminary Witness Protection (Northern Territory) Act 2002 4 (b) has given or agreed to give evidence, other than evidence referred to in paragraph (a), in relation to the commission or alleged commission of an offence against a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth; or (c) has made a statement to a member of the Police Force, an approved authority or an officer of an approved authority in relation to the commission or alleged commission of an offence against a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth; or (d) is a person for whom the ICAC may take action under section 112 of the ICAC Act. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) A reference in this Act to a parent or other person in relation to agreeing to inclusion in the TWPP, or consenting to or signing a memorandum of understanding or an amendment to a memorandum or understanding, for and on behalf of a witness, family member or participant who is less than 18 years of age or who lacks legal capacity is a reference to a parent, guardian or other person who is usually responsible for the care and control of the witness, family member or participant or to the legal personal representative of the witness, family member or participant. 4 Declaration of approved authorities and complementary witness protection laws etc. (1) Subject to subsection (2), the Minister may, by notice in the Gazette, declare an authority or body of the Commonwealth or of a State or Territory of the Commonwealth to be an approved authority. (2) The Minister must not declare an authority or body to be an approved authority under subsection (1) unless the authority or body is authorised under a law in force in the Commonwealth or the State or other Territory to conduct inquiries or investigations in relation to conduct that constitutes or is alleged to constitute criminal conduct, misconduct or corruption. (3) The Minister may, by notice in the Gazette, declare a law of a State or another Territory of the Commonwealth that makes provision for the protection of witnesses or family members to be a complementary witness protection law.

Part 2 Territory witness protection program Division 1 Establishment Witness Protection (Northern Territory) Act 2002 5 (4) The Minister may, by notice in the Gazette, declare an authority to be an authority to which paragraph (a)(ii) of the definition of witness in section 3(1) refers. Part 2 Territory witness protection program Division 1 Establishment 5 Commissioner to establish Territory witness protection program (1) The Commissioner must establish and maintain the Territory witness protection program to arrange and provide protection and other assistance for witnesses and their family members. (2) The TWPP is to enable the Commissioner to take, or to authorise another member of the Police Force to take, the action the Commissioner considers necessary and reasonable to provide the protection and assistance to a witness or family member that will ensure the safety and welfare of the witness or family member. (3) Without limiting subsection (2), the TWPP may enable the Commissioner or an authorised member of the Police Force to do any one or more of the following: (a) provide protection for a witness while attending a court or an ICAC examination or public inquiry; (b) provide a witness or family member with a new identity; (c) apply for and obtain a document that is necessary to allow a witness or family member to establish a new identity or otherwise protect the witness or family member; (d) provide accommodation for a witness or family member; (e) relocate a witness or family member; (f) provide transport for a witness or family member and his or her property; (g) provide payment to a witness or family member for the purpose of meeting costs associated with relocation; (h) provide payment to a witness or family member for the purpose of meeting the reasonable living expenses of the witness or family member and, whether directly or indirectly, other reasonable financial assistance;

Part 2 Territory witness protection program Division 1 Establishment Witness Protection (Northern Territory) Act 2002 6 (i) provide assistance to a witness or family member to deal with any outstanding rights or obligations of the witness or family member; (j) provide assistance to ensure that a witness or family member is able to comply with any restrictions that apply to the witness or family member; (k) provide assistance to a witness or family member in obtaining employment or access to education; (l) provide other assistance to a witness or family member with a view to ensuring that the witness or family member becomes self-sustaining; (m) provide for the safety of the members of the Police Force who carry out duties in relation to the TWPP, including permitting the members to use assumed names and to carry documentation supporting those assumed names; (n) exercise a power or perform a function under a complementary witness protection law; (o) do any other thing that the Commissioner considers to be necessary to ensure the safety of a witness or family member. (4) In applying for and obtaining documentation referred to in subsection (3)(c), the Commissioner must not apply for and obtain a document that represents a witness or family member as having a qualification that he or she does not have or as being entitled to a benefit that he or she is not entitled to. (5) A member of the Police Force who uses an assumed name or carries documentation supporting an assumed name in accordance with the Commissioner's permission referred to in subsection (3)(m) does not, by doing so, commit an offence against any law in force in a State or Territory of the Commonwealth 6 Commercial arrangements for benefit of participant The Commissioner may make commercial arrangements with a person under which a participant who has been given a new identity is able to obtain benefits under a contract or arrangement without revealing his or her former identity.

Part 2 Territory witness protection program Division 2 Inclusion of witnesses etc. in TWPP Witness Protection (Northern Territory) Act 2002 7 Division 2 Inclusion of witnesses etc. in TWPP 7 Conditions on which witness or family member included in TWPP (1) A witness or family member is not to be given protection or assistance under the TWPP unless: (a) the Commissioner has decided that there is a risk to the safety and welfare of the witness or family member and because of that risk the witness or family member needs protection and assistance of the kind able to be provided under the TWPP; (b) subject to paragraph (c) – the witness or family member agrees to be included in the TWPP; (c) if a witness or family member is less than 18 years of age or otherwise lacks legal capacity – a parent or other person agrees for and on behalf of the witness or family member that the witness or family member be included in the TWPP; and (d) a memorandum of understanding is in force in respect of the witness or family member. (2) A witness or a family member of a witness is not to be given protection or assistance under the TWPP for the sole purpose of rewarding the witness for giving evidence or making a statement or persuading or encouraging the witness to give evidence or make a statement. 8 Decision of Commissioner whether to include witness or family member (1) The Commissioner has the sole responsibility of deciding whether to include a witness or family member in the TWPP, including a witness or family member who an approved authority has requested to be included in the TWPP. (2) In deciding whether to include a witness or family member in the TWPP, the Commissioner: (a) must have regard to the following: (i) whether the witness or family member has a criminal record, particularly in respect of indictable offences or violence, and whether that record indicates a risk to the public if the witness or family member is included in the TWPP;

Part 2 Territory witness protection program Division 2 Inclusion of witnesses etc. in TWPP Witness Protection (Northern Territory) Act 2002 8 (ii) any psychological or psychiatric examination or evaluation that has been conducted to determine the witness' or family member's suitability for inclusion in the TWPP; (iii) the seriousness of the offence or, in the case of an ICAC witness, the conduct to which any relevant evidence or statement of the witness relates; (iv) the nature and importance of the relevant evidence or statement referred to in subparagraph (iii); (v) the nature of the perceived danger to the witness or family member; (vi) whether there are viable alternative methods of protecting the witness or family member; (vii) the nature of the witness's relationship to other witnesses being assessed for inclusion in the TWPP; and (b) may have regard to any other matters the Commissioner considers relevant. 9 Commissioner to receive information before making decision to include witness or family member (1) The Commissioner must not decide whether to include a witness or family member in the TWPP unless he or she is satisfied that he or she has received all the information necessary to assess whether or not to include the witness or family member in the TWPP. (2) For the purposes of receiving information referred to in subsection (1), the Commissioner may: (a) require the witness or family member to: (i) undergo medical, psychological or psychiatric tests or examinations; and (ii) make the results of the tests or examinations available to the Commissioner; and (b) make any other inquiries and investigations in relation to the witness or family member that the Commissioner considers appropriate.

Part 2 Territory witness protection program Division 2 Inclusion of witnesses etc. in TWPP Witness Protection (Northern Territory) Act 2002 9 (3) The Regulations may prescribe information that a witness or family member may or must provide to the Commissioner for the purpose of deciding whether to include the witness or family member in the TWPP. 10 Memorandum of understanding: content (1) A memorandum of understanding must: (a) set out the basis on which the witness and the witness' family members (if any) to whom it relates are included in the TWPP; (b) set out details of the protection and assistance that are to be provided to the witness and family members; (c) set out the effect of Division 4, Subdivision 1 of this Part; and (d) contain a statement advising the witness and family members of their right under the Ombudsman Act 2009 to complain to the Ombudsman about the conduct of the Commissioner or another member of the Police Force in relation to the matters dealt with in the memorandum. (2) A memorandum of understanding may contain: (a) the terms and conditions on which protection and assistance are to be provided to the witness and each family member; (b) requirements that the witness and each family member must not engage in activities of a kind specified in the memorandum of understanding; (c) an undertaking by or on behalf of the witness and each family member not to compromise, directly or indirectly, the security or any other aspect of the protection and assistance being provided; (d) an undertaking by or on behalf of the witness and each family member to comply with all reasonable directions of the Commissioner in relation to the protection and assistance provided to the witness; (e) a list of: (i) the outstanding legal obligations (including family maintenance obligations and taxation obligations) of the witness and each family member; and (ii) any other obligations and relationships of the witness and each family member,

Part 2 Territory witness protection program Division 2 Inclusion of witnesses etc. in TWPP Witness Protection (Northern Territory) Act 2002 10 and specify how they are to be dealt with; (f) a list of obligations that the witness and each family member may or may not enter into; (g) details of any financial assistance to be given to the witness and each family member; (h) an undertaking by or on behalf of the witness and each family member to disclose to the Commissioner details of any criminal charges made against the witness or family member, and any civil or bankruptcy proceedings made in relation to the witness or family member, after he or she is included in the TWPP; (i) details concerning the surrender and issue of passports and the issue of any other documents relating to the identity of the witness and each family member; or (j) any other matter that the Commissioner considers appropriate. 11 Memorandum of understanding: signing (1) A memorandum of understanding does not take effect until it is signed in accordance with subsection (2). (2) A memorandum of understanding must be signed: (a) by the witness and each family member to whom it relates; or (b) if the witness or family member is less than 18 years of age or lacks legal capacity – by a parent or other person for and on behalf of the witness or family member. (3) If: (a) a parent or other person signed a memorandum of understanding for and on behalf of a witness or family member who was less than 18 years of age or lacked legal capacity; and (b) the memorandum of understanding is still effective after the witness or family member becomes 18 years of age or attains legal capacity, the Commissioner may require the witness or family member to sign the memorandum of understanding.

Part 2 Territory witness protection program Division 3 New identities for participants Witness Protection (Northern Territory) Act 2002 11 12 Memorandum of understanding: amending (1) Subject to subsection (2), the Commissioner may amend a memorandum of understanding. (2) An amendment to a memorandum of understanding: (a) has no effect unless the participant or, if more than one, each participant to whom it relates or, if a participant is less than 18 years of age or lacks legal capacity, a parent or other person for and on behalf of the participant consents to the amendment; and (b) is not to have the effect of removing from the memorandum of understanding the provisions referred to in section 10(1). 13 Commissioner must take action to protect etc. If: (a) a witness or family member is being assessed for inclusion in the TWPP; or (b) a witness or family member is included in the TWPP, the Commissioner must take, or authorise another member of the Police Force to take, the action permitted under the TWPP that the Commissioner considers necessary and reasonable to provide the protection and assistance to the witness or family member that will ensure the witness' or family member's safety and welfare while also protecting the safety of members of the Police Force. Division 3 New identities for participants 14 Application to Supreme Court for order (1) If the Commissioner decides to provide a participant with a new identity, the Commissioner may apply to the Supreme Court for an order authorising the Registrar to make a new entry in the Register in respect of a participant. (2) If an approved authority decides to provide a recognised participant with a new identity, the approved authority may apply to the Supreme Court for an order authorising the Registrar to make a new entry in the Register in respect of a recognised participant.

Part 2 Territory witness protection program Division 3 New identities for participants Witness Protection (Northern Territory) Act 2002 12 (3) An application under subsection (1) or (2) is to: (a) specify the nature of the new entry the Commissioner or approved authority seeks to be made in the Register and the particulars to be noted in respect of the entry in the Register; and (b) be supported by evidence of the matters specified in section 15(a), (b) and (c). 15 Power of Supreme Court to make order On hearing an application made under section 14, if the Supreme Court is satisfied that: (a) the person named in the application as the participant or recognised participant is a participant or a recognised participant; (b) the life or safety of the person may be endangered as a result of the person or a family member of the person being or having been a witness; and (c) the person is likely to comply with the memorandum of understanding that he or she entered into under this Act or under the relevant complementary witness protection law, the Supreme Court may make the order applied for in respect of the person. 16 Effect of order authorising new identity (1) On receiving a copy of an order made under section 15 or 29C, the Registrar, or a person authorised by the Registrar, must note in the Register in relation to the person the subject of the order the particulars that give effect to the order. (2) An entry made in the Register under subsection (1) has effect as if it were a valid entry made under and in accordance with the Births, Deaths and Marriages Registration Act 1996. (3) The Registrar or person authorised by the Registrar may not alter or cancel an entry made in the Register under subsection (1) unless authorised to do so by an order of the Supreme Court. (4) Subject to an order of the Supreme Court to the contrary, a birth certificate, marriage certificate or death certificate issued in relation to a person in relation to whom particulars are noted in the Register under subsection (1) (but after the particulars have been noted) is to specify particulars of the person's new identity.

Part 2 Territory witness protection program Division 3 New identities for participants Witness Protection (Northern Territory) Act 2002 13 17 Commissioner to maintain records of original entries in Register The Commissioner must keep and maintain a record of the original birth entry or the original marriage entry in the Register of each person in respect of whom an entry is made in the Register under section 16(1). 18 Marriage of participant who has been given new identity If: (a) a participant or recognised participant who has been provided with a new identity wishes to marry; (b) the participant gives to the Commissioner or the recognised participant gives to the relevant approved authority evidence: (i) of the identity of the participant or recognised participant; and (ii) that the participant or recognised participant is of marriageable age, and the Commissioner or approved authority is satisfied as to the identity of the participant or recognised participant and that he or she is of marriageable age; (c) in the case where the participant or recognised participant has been married previously – the participant gives to the Commissioner or the recognised participant gives to the approved authority evidence that satisfies the Commissioner or approved authority that his or her former spouse has died or that the marriage has been dissolved or annulled; and (d) the participant gives to the Commissioner or the recognised participant gives to the approved authority a statutory declaration to the effect that there is no legal impediment to the marriage and the Commissioner or approved authority is not aware of any legal impediment to the marriage, the Commissioner or approved authority, as the case may require, may give a certificate to the Registrar stating that the Commissioner or approved authority has received the evidence referred to in paragraphs (a), (b) and (c) and the statutory declaration referred to in paragraph (d).

Part 2 Territory witness protection program Division 4 Termination of inclusion in TWPP Subdivision 1 Cessation of protection and assistance Witness Protection (Northern Territory) Act 2002 14 Division 4 Termination of inclusion in TWPP Subdivision 1 Cessation of protection and assistance 19 Termination of protection etc. by Commissioner or Deputy Commissioner (1) If: (a) a participant deliberately breaches a term of the memorandum of understanding in respect of the participant or a requirement or undertaking under the TWPP; (b) a participant's conduct or threatened conduct is, in the opinion of the Commissioner or Deputy Commissioner, likely to threaten the security or compromise the integrity of the TWPP; (c) the circumstances that gave rise for the need to protect and assist a participant cease to exist; (d) a participant commits an offence against a law in force in the Territory, the Commonwealth or a State or another Territory of the Commonwealth; (e) the Commissioner or Deputy Commissioner becomes aware that a participant has knowingly given information in relation to a matter relevant to the TWPP to the Commissioner or another member of the Police Force that is false or misleading in a material particular; (f) a participant breaches an undertaking, including an undertaking to give evidence, given in relation to a matter relevant to the TWPP; (g) a participant refuses or fails to sign a memorandum of understanding as required by the Commissioner under section 11(3); or (h) a participant refuses or fails to consent in accordance with section 12(2)(a) to an amendment to the memorandum of understanding relating to the participant, the Commissioner or Deputy Commissioner may terminate the protection and assistance provided to the participant. (2) If a participant requests, in writing, the Commissioner or Deputy Commissioner to terminate the protection and assistance provided to him or her, the Commissioner or Deputy Commissioner must do so.

Part 2 Territory witness protection program Division 4 Termination of inclusion in TWPP Subdivision 1 Cessation of protection and assistance Witness Protection (Northern Territory) Act 2002 15 20 Procedure for involuntary termination of protection etc. (1) If the Commissioner or Deputy Commissioner decides under section 19(1) that it is appropriate to terminate the protection and assistance being given to a participant, the Commissioner or Deputy Commissioner must: (a) take reasonable steps to notify the participant of his or her decision; and (b) notify the relevant approved authority (if any) of the decision. (2) The Commissioner or Deputy Commissioner is not required to notify a participant under subsection (1)(a) if the participant cannot be found after making reasonable inquiry. (3) The participant may, within 28 days after receiving notice of the decision, apply to the Commissioner for a review of the decision. (4) On receiving an application for review under subsection (3), the Commissioner must review the decision and, in doing so, must give the participant a reasonable opportunity to state his or her case. (5) After conducting the review, the Commissioner must: (a) confirm or reverse the decision reviewed; (b) give notice in writing of the outcome of the review to the participant; (c) if the Commissioner confirms the decision to terminate the protection and assistance – specify in the notice under paragraph (b) his or her reasons for confirming the decision; and (d) if the Commissioner reverses the decision – state in the notice that the decision has no effect and that protection and assistance under the TWPP will continue to be provided to the participant. 21 When involuntary termination takes effect (1) A decision of the Commissioner or Deputy Commissioner under section 19(1) to terminate the protection and assistance given to a participant under the TWPP takes effect: (a) if the participant's location is not known and the Commissioner or Deputy Commissioner has taken reasonable steps to notify the participant of the decision but has been unable to do so – on the expiry of 28 days after the Commissioner or Deputy

Part 2 Territory witness protection program Division 4 Termination of inclusion in TWPP Subdivision 2 Restoration of former identity of former participant Witness Protection (Northern Territory) Act 2002 16 Commissioner commenced taking the steps to notify the participant; (b) if the participant receives notice of the Commissioner's or Deputy Commissioner's decision but does not apply for review of the decision under section 20(3) – on the expiry of 28 days after the participant receives notice of the decision; or (c) if the participant receives notice of the Commissioner's or Deputy Commissioner's decision and applies for review of the decision under section 20(3) and, on review, the Commissioner confirms the decision – on the expiry of 3 days after the Commissioner notifies the participant that he or she has confirmed the decision. (2) The decision of the Commissioner or Deputy Commissioner to terminate the protection and assistance given to a participant has no effect where a participant applies to the Commissioner to review the decision and the Commissioner reverses the decision. 22 Effect of termination of protection and assistance On the termination of the provision of protection and assistance to a person as a participant under the TWPP: (a) the person is no longer included in the TWPP; and (b) the memorandum of understanding entered into in respect of the person ceases to operate in respect of the person. Subdivision 2 Restoration of former identity of former participant 23 Restoration of former identity (1) If protection and assistance under the TWPP to a person is terminated, the Commissioner or Deputy Commissioner may decide that it is appropriate to restore the person's former identity. (2) The Commissioner or Deputy Commissioner must take reasonable steps to notify the person of his or her decision. (3) The Commissioner or Deputy Commissioner is not required to notify a person under subsection (2) if the person cannot be found after making reasonable inquiry. (4) The person may, within 7 days after receiving notice of the decision, apply to the Commissioner to review the decision.

Part 2 Territory witness protection program Division 4 Termination of inclusion in TWPP Subdivision 2 Restoration of former identity of former participant Witness Protection (Northern Territory) Act 2002 17 (5) On receiving an application for review under subsection (4), the Commissioner must review the decision and, in doing so, must give the person a reasonable opportunity to state his or her case. (6) After conducting the review, the Commissioner must: (a) confirm or reverse the decision reviewed; (b) give notice in writing of the outcome of the review to the person; (c) if the Commissioner confirms the decision to restore the person's former identity – specify in the notice under paragraph (b) his or her reasons for doing so; and (d) if the Commissioner reverses the decision – state in the notice that the decision has no effect and that the person's former identity will not be restored. 24 When Commissioner or Deputy Commissioner may take action to restore former identity (1) If the Commissioner or Deputy Commissioner decides under section 23 to restore a person's former identity, the Commissioner or Deputy Commissioner may commence action to restore the person's former identity: (a) if the person's location is not known and the Commissioner or Deputy Commissioner has taken reasonable steps to notify the person of the decision but has been unable to do so – on the expiry of 28 days after the Commissioner or Deputy Commissioner commenced taking the steps to notify the person; (b) if the person receives notice of the Commissioner's or Deputy Commissioner's decision but does not apply for review of the decision under section 23(4) – on the expiry of 28 days after the person receives notice of the decision; or (c) if the person receives notice of the Commissioner's or Deputy Commissioner's decision and applies for review of the decision under section 23(4) and, on review, the Commissioner confirms the decision – on the expiry of 3 days after the Commissioner notifies the person that he or she has confirmed the decision. (2) The Commissioner or Deputy Commissioner may not restore a person's former identity if the person applies to the Commissioner to review the decision to restore the person's former identity and the Commissioner reverses the decision.

Part 2 Territory witness protection program Division 4 Termination of inclusion in TWPP Subdivision 2 Restoration of former identity of former participant Witness Protection (Northern Territory) Act 2002 18 25 Commissioner or Deputy Commissioner must apply to Supreme Court to restore former identity (1) If the Commissioner or Deputy Commissioner decides under section 23 to restore a person's former identity, the Commissioner or Deputy Commissioner must apply to the Supreme Court for an order to restore the person's former identity. (2) The application is to: (a) specify the particulars that will need to be cancelled to restore the person's former identity; and (b) be supported by evidence of the matters specified in section 27(1)(a) and (b). 26 Approved authority may apply to Court to restore former identity (1) An approved authority may apply to the Supreme Court for an order to restore the former identity of a person who was a recognised participant. (2) Sections 25(2), 27 and 28 apply in relation to an application under subsection (1) as if: (a) a reference to an application under section 25 includes a reference to an application under subsection (1); (b) reference to the Commissioner or Deputy Commissioner includes a reference to the approved authority; (c) a reference to a person who was a participant includes a reference to a person who was a recognised participant; and (d) a reference to the TWPP is a reference to a complementary witness protection program. 27 Power of Supreme Court to make order (1) On hearing an application made under section 25, if the Supreme Court is satisfied that: (a) the person named in the application as a person who was a participant was a participant; and (b) the protection and assistance given to the person as a participant under the TWPP has been terminated,

Part 2 Territory witness protection program Division 4 Termination of inclusion in TWPP Subdivision 2 Restoration of former identity of former participant Witness Protection (Northern Territory) Act 2002 19 the Supreme Court may make the orders it considers necessary to: (c) cancel the new identity given to the person; (d) restore the person's former identity; and (e) secure the return to the Commissioner of any document issued in respect of the person's new identity within the 14 day period specified in section 28(4). (2) The orders that the Supreme Court may make under subsection (1) include an order authorising the Registrar to cancel the entry in the Register in respect of the new identity given to the person and specified members of the person's family (if any). 28 Registrar to cancel new identity (1) On the Registrar receiving a copy of an order made under section 27 or 29L, the Registrar or a person authorised by the Registrar, must give effect to the order by cancelling the relevant particulars noted in the Register under section 16(1) in relation to the person. (2) After particulars noted in the Register are cancelled under subsection (1), the Registrar or a person authorised by the Registrar must, subject to subsection (3), give notice in writing of the cancellation to the person to whom the particulars related. (3) The Registrar or person authorised by the Registrar is not required to give notice to a person under subsection (2) if the person cannot be found after making reasonable inquiry. (4) A person to whom notice is given under subsection (2) must, within 14 days after receiving the notice return to the Commissioner or ICAC all documents issued to the person in respect of the new identity that was given to the person under the TWPP or under Part 2A. Maximum penalty: 10 penalty units. 29 Effect of cancellation of new identity (1) The cancellation under section 28(1) of particulars noted in the Register has effect as if it were a valid entry made under and in accordance with the Births, Deaths and Marriages Registration Act 1996.

Part 2A Assumed identities for ICAC witnesses Division 2 Orders for protection Witness Protection (Northern Territory) Act 2002 20 (2) A birth certificate, marriage certificate or death certificate issued in relation to a person in relation to whom particulars are cancelled under subsection (1) (but after the particulars have been cancelled) is to specify particulars of the person's former identity. Part 2A Assumed identities for ICAC witnesses Division 1 Preliminary matters 29A Application of Part This Part applies if: (a) an ICAC witness or a family member of an ICAC witness is not, or is no longer, included in the TWPP; or (b) an ICAC witness or a family member of an ICAC witness is included in the TWPP but the Commissioner decides not to apply to the Supreme Court under section 14 for an order in respect of the witness or family member. Division 2 Orders for protection 29B Application by ICAC for order (1) The ICAC may apply to the Supreme Court for an order authorising the Registrar to make a new entry in the Register in respect of a participant. (2) An application under subsection (1) is to: (a) specify the nature of the new entry the ICAC seeks to be made in the Register and the particulars to be noted in respect of the entry in the Register; and (b) be supported by evidence of the matters specified in section 29C(1)(a), (b) and (c). 29C Power of Supreme Court to make order (1) On hearing an application made under section 29B, the Supreme Court may make the order applied for in respect of the person if the Supreme Court is satisfied that: (a) there is a risk to the safety and welfare of the person because the person is an ICAC witness or a family member of an ICAC witness; and (b) an assumed identity would assist in reducing that risk; and

Part 2A Assumed identities for ICAC witnesses Division 3 Arrangements for protection Witness Protection (Northern Territory) Act 2002 21 (c) the witness has undertaken to comply with a memorandum of understanding between the ICAC and the ICAC witness in accordance with section 29D. (2) If the Supreme Court makes an order under subsection (1), Part 2, Division 3 (other than sections 14 and 15) applies as if: (a) the order were an order made under section 15; and (b) a reference in that Division to the participant were a reference to the person; and (c) a reference in that Division to the Commissioner were a reference to the ICAC. Division 3 Arrangements for protection 29D Memorandum of understanding – content (1) A memorandum of understanding in relation to an ICAC witness must: (a) set out the basis on which the witness and the witness' family members (if any) to whom it relates are being provided with protection by the ICAC; and (b) set out details of the protection and assistance that are to be provided to the witness and family members, including that the protection and assistance provided may be reviewed and modified by the ICAC at any time; and (c) state that the ICAC may terminate the protection at any time if, in the opinion of the ICAC, protection is: (i) no longer required; or (ii) cannot be provided; and (d) set out the process and timeframes for termination of protection, including how the witness and family members would be notified of the termination; and (e) state that if the protected person cannot be located after reasonable inquiry, termination of protection may still proceed; and (f) state that if protection is terminated, the ICAC may take action to restore a person's identity; and

Part 2A Assumed identities for ICAC witnesses Division 3 Arrangements for protection Witness Protection (Northern Territory) Act 2002 22 (g) contain a statement advising the witness and family members of their right under the ICAC Act to complain to the Inspector about the conduct of the ICAC or a member of ICAC staff in relation to the matters dealt with in the memorandum. (2) A memorandum of understanding in relation to an ICAC witness may contain the following: (a) the terms and conditions on which protection and assistance are to be provided to the witness and each family member; (b) requirements that the witness and each family member must not engage in activities of a kind specified in the memorandum of understanding; (c) an undertaking by, or on behalf of, the witness and each family member not to compromise, directly or indirectly, the security or any other aspect of the protection and assistance being provided; (d) an undertaking by, or on behalf of, the witness and each family member to comply with all reasonable directions of the ICAC in relation to the protection and assistance provided to the witness; (e) a list of the following and specification as to how they will be dealt with: (i) the outstanding legal obligations (including family maintenance obligations and taxation obligations) of the witness and each family member; (ii) any other obligations and relationships of the witness and each family member; (f) a list of obligations that the witness and each family member may or may not enter into; (g) details of any financial assistance to be given to the witness and each family member; (h) an undertaking by or on behalf of the witness and each family member to disclose to the ICAC details of any criminal charges brought against the witness or family member, and any civil or bankruptcy proceedings made in relation to the witness or family member, while the witness or family member is being provided with protection by the ICAC;

Part 2A Assumed identities for ICAC witnesses Division 3 Arrangements for protection Witness Protection (Northern Territory) Act 2002 23 (i) details concerning the surrender and issue of passports and the issue of any other documents relating to the identity of the witness and each family member; (j) any other matter that the ICAC considers appropriate. 29E Memorandum of understanding – signing (1) A memorandum of understanding does not take effect until it is signed in accordance with subsection (2). (2) A memorandum of understanding must be signed: (a) by the ICAC witness and each family member to whom it relates; or (b) if the ICAC witness or family member is less than 18 years of age or lacks legal capacity – by a parent or other person for and on behalf of the witness or family member. (3) The ICAC may require the ICAC witness or family member to sign the memorandum of understanding if: (a) a parent or other person signed a memorandum of understanding for and on behalf of an ICAC witness or family member who was less than 18 years of age or lacked legal capacity; and (b) the memorandum of understanding is still effective after the ICAC witness or family member becomes 18 years of age or attains legal capacity. 29F Memorandum of understanding – amending (1) Subject to subsection (2), the ICAC may amend a memorandum of understanding. (2) An amendment to a memorandum of understanding: (a) has no effect unless the participant or, if more than one, each participant to whom it relates or, if a participant is less than 18 years of age or lacks legal capacity, a parent or other person for and on behalf of the participant consents to the amendment; and (b) is not to have the effect of removing from the memorandum of understanding the provisions referred to in section 29D(1).

Part 2A Assumed identities for ICAC witnesses Division 4 Restoration of former identity of former ICAC witness Witness Protection (Northern Territory) Act 2002 24 Division 4 Restoration of former identity of former ICAC witness 29G Restoration of former identity (1) If protection under this Part of a person is terminated, the ICAC may decide that it is appropriate to restore the person's former identity. (2) The ICAC must take reasonable steps to notify the person of the ICAC's decision. (3) The ICAC is not required to notify a person under subsection (2) if the person cannot be found after making reasonable inquiry. (4) The person may, within 7 days after receiving notice of the decision, apply to the ICAC to review the decision. (5) On receiving an application for review under subsection (4), the ICAC must review the decision and, in doing so, must give the person a reasonable opportunity to state the person's case. (6) After conducting the review, the ICAC must: (a) confirm or reverse the decision reviewed; and (b) give notice in writing of the outcome of the review to the person; and (c) if the ICAC confirms the decision to restore the person's former identity – specify in the notice under paragraph (b) the ICAC's reasons for doing so; and (d) if the ICAC reverses the decision – state in the notice that the decision has no effect and that the person's former identity will not be restored. 29H When ICAC may take action to restore former identity (1) If the ICAC decides under section 29G to restore a person's former identity, the ICAC may commence action to restore the person's former identity: (a) if the person's location is not known and the ICAC has taken reasonable steps to notify the person of the decision but has been unable to do so – on the expiry of 28 days after the ICAC commenced taking the steps to notify the person; or

Part 2A Assumed identities for ICAC witnesses Division 4 Restoration of former identity of former ICAC witness Witness Protection (Northern Territory) Act 2002 25 (b) if the person receives notice of the ICAC's decision but does not apply for review of the decision under section 29G(4) – on the expiry of 28 days after the person receives notice of the decision; or (c) if the person receives notice of the ICAC's decision and applies for review of the decision under section 29G(4) and, on review, the ICAC confirms the decision – on the expiry of 3 days after the ICAC notifies the person that the ICAC has confirmed the decision. (2) The ICAC must not restore a person's former identity if: (a) the person applies to the ICAC to review the decision to restore the person's former identity; and (b) the ICAC reverses the decision. 29J ICAC must apply to Supreme Court to restore former identity (1) If the ICAC decides under section 29G to restore a person's former identity, the ICAC must apply to the Supreme Court for an order to restore the person's former identity. (2) The application must: (a) specify the particulars that will need to be cancelled to restore the person's former identity; and (b) be supported by evidence of the matters specified in section 29L(1)(a) and (b). 29K Approved authority may apply to Court to restore former identity (1) An approved authority may apply to the Supreme Court for an order to restore the former identity of a person who was protected under this Part. (2) Sections 28, 29J(2) and 29L apply in relation to an application under subsection (1) as if: (a) a reference to an application under section 29J includes a reference to an application under subsection (1); and (b) reference to the ICAC includes a reference to the approved authority; and (c) a reference to a person who was a participant includes a reference to a person who was a recognised participant.

Part 3 Arrangements between Commissioner and approved authorities Witness Protection (Northern Territory) Act 2002 26 29L Power of Supreme Court to make order (1) On hearing an application made under section 29J, if the Supreme Court is satisfied that: (a) the person named in the application as a person who was protected by the ICAC was protected; and (b) the protection given to the person has been terminated; the Supreme Court may make the orders it considers necessary to: (c) cancel the new identity given to the person; (d) restore the person's former identity; and (e) secure the return to the ICAC of any document issued in respect of the person's new identity within the 14 day period specified in section 28(4). (2) The orders that the Supreme Court may make under subsection (1) include an order authorising the Registrar to cancel the entry in the Register in respect of the new identity given to the person and specified members of the person's family (if any). Part 3 Arrangements between Commissioner and approved authorities 30 Arrangements with approved authorities (1) The Commissioner may make arrangements with an approved authority about any matter in connection with the administration of this Act or a complementary witness protection law. (2) Without limiting subsection (1), the arrangements between the Commissioner and an approved authority: (a) may provide for the exercise of powers or the performance of functions under the complementary witness protection law by the Commissioner or another member of the Police Force; (b) may provide for the exercise of powers or the performance of functions under this Act by the approved authority or an officer of the approved authority; (c) are to provide for the sharing between the Territory and the approved authority of the costs incurred under the arrangements;

Part 3 Arrangements between Commissioner and approved authorities Witness Protection (Northern Territory) Act 2002 27 (d) may provide for the approved authority to make available to the Commissioner, or the Commissioner to make available to the approved authority, the statements, transcripts of evidence and other documents that will assist the Commissioner or approved authority to decide: (i) whether to provide protection or assistance to a witness and any family members of the witness under this Act or the relevant complementary witness protection law; and (ii) what protection or assistance is appropriate for the witness and family members; (e) may provide for the exercise of powers and performance of functions under the complementary witness protection law by the Commissioner or another member of the Police Force; or (f) are to require the approved authority to maintain records showing: (i) details of each application relating to the new identity of a recognised participant made by the authority to the Supreme Court under section 14 and the orders made by the Supreme Court under section 15 in respect of that application; (ii) the original entry in the Register of the birth of a recognised participant referred to in subparagraph (i) in respect of whom an entry concerning his or her birth is made under section 16(1); and (iii) the original entry in the Register of the marriage of a recognised participant referred to in subparagraph (i) in respect of whom an entry concerning his or her marriage is made under section 16(1). 31 Exercise of powers etc. by Commissioner etc. under complementary witness protection law The Commissioner or another member of the Police Force must not exercise a power or perform a function under a complementary witness protection law unless arrangements under section 30 providing for the exercise of the power or performance of the function by the Commissioner or member of the Police Force are in force. 32 Exercise of powers etc. under this Act by approved authority (1) The Minister may, by notice in the Gazette, authorise an approved authority to exercise powers and perform functions conferred on the

Part 4 Offences Witness Protection (Northern Territory) Act 2002 28 Commissioner under this Act for the purpose of an arrangement entered into under section 30 or the corresponding provision of a complementary witness protection law. (2) An approved authority or an officer of the approved authority must not exercise a power or perform a function under this Act unless: (a) arrangements under section 30 or the corresponding provision of a complementary witness protection law providing for the exercise of the power or the performance of the function by the approved authority are in force; and (b) the Minister has authorised the approved authority to do so under subsection (1). (3) For the purposes of an approved authority or an officer of the approved authority exercising a power or performing a function under this Act in accordance with an arrangement entered into under section 30, a reference in or under this Act to the Commissioner or another member of the Police Force is to be taken to include a reference to the approved authority or officer of the approved authority. Part 4 Offences 33 Offences relating to disclosure of information about participants (1) A person must not, either directly or indirectly: (a) make a record of any information relating to the noting of particulars in the Register in respect of a person who is or was a participant; or (b) disclose or communicate to another person any information relating to the noting of particulars in the Register in respect of a person who is or was a participant; unless it is necessary to do so: (c) for the purposes of this Act; or (d) for the purposes of an investigation of a complaint about the conduct of a member of the Police Force by the Ombudsman under the Ombudsman Act 2009; or

Part 4 Offences Witness Protection (Northern Territory) Act 2002 29 (da) for the purposes of an ICAC investigation (not including a public inquiry as defined in section 4 of the ICAC Act or a report or brief of evidence under Part 3, Division 7 of the ICAC Act); or (e) to comply with an order of the Supreme Court. Maximum penalty: Imprisonment for 10 years. (2) Despite subsection (1), the Commissioner, the Deputy Commissioner, an approved authority or an officer of an approved authority may disclose the former identity of a participant who is being or has been given a new identity for the purpose of obtaining documents relating to the new identity of the participant. (3) A person must not, without lawful authority, disclose information in the Territory or elsewhere that: (a) is about the identity or location of a person who is or was a participant or recognised participant; or (b) compromises the security of that person. Maximum penalty: Imprisonment for 10 years. 34 Offences relating to disclosure of information by participants (1) Subject to subsection (2), a person who is or was a participant must not, either directly or indirectly, disclose or communicate to another person, in the Territory or elsewhere: (a) the fact that the person or a family member of the person is or was included in the TWPP; or (b) the fact that a memorandum of understanding is or was in force in respect of the person or his or her family member; or (c) details of the memorandum of understanding; or (d) information relating to anything done under this Act by the Commissioner or another member of the Police Force; or (e) information about a member of the Police Force, an approved authority or an officer of an approved authority acquired by the person as a result of anything done under this Act. Maximum penalty: Imprisonment for 10 years.

Part 5 Miscellaneous Witness Protection (Northern Territory) Act 2002 30 (2) Subsection (1) does not apply to a disclosure or communication that: (a) has been authorised by the Commissioner or an approved authority; or (b) is necessary for the purposes of an investigation of a complaint about the conduct of a member of the Police Force by the Ombudsman under the Ombudsman Act 2009; or (ba) is a protected communication (as defined in section 93 of the ICAC Act) to the ICAC; or (bb) is necessary to comply with the direction of an authorised officer as defined in the ICAC Act; or (c) is necessary to comply with an order of the Supreme Court. 35 Person who has new identity not to use documents relating to former identity While particulars noted in the Register that relate to a new identity given to a person under this Act continue to have effect, the person to whom the particulars relate must not use or obtain any document issued by the Registrar which specifies or is based on particulars that: (a) were noted in the Register before the particulars relating to the person's new identity were; and (b) relate only to the person's former identity. Maximum penalty: 10 penalty units. Part 5 Miscellaneous 36 Provision of information about participant or former participant to approved authorities If: (a) a person has been provided with a new identity or relocated under this Act; and (b) an approved authority notifies the Commissioner that the person is under investigation for, or has been arrested or charged with, an offence against a law of the Commonwealth or a State or another Territory the maximum penalty for which is or includes imprisonment for 1 year or more,

Part 5 Miscellaneous Witness Protection (Northern Territory) Act 2002 31 the Commissioner may (if he or she considers it is appropriate) do any one or more of the following: (c) release the person's new identity or location to the approved authority; (d) provide the approved authority with the person's criminal record and fingerprints; (e) release other information relating to the person to the approved authority; (f) allow an officer of the approved authority to interview a member of the Police Force in relation to the person. 37 Commissioner may delegate powers and functions under this Act (1) Subject to subsection (2), the Commissioner may, in writing, delegate to a member of the Police Force all or any of his or her powers and functions under this Act. (2) The Commissioner must not delegate: (a) his or her powers and functions under sections 8(1), 20(4) and (5) and 23(5) and (6); and (b) his or her power of delegation under subsection (1). (3) A power or function delegated under this section is, when exercised or performed by the delegate, to be taken to have been exercised or performed by the Commissioner. (4) A delegation under this section does not prevent the Commissioner exercising a power or performing a function that has been delegated. 38 Proceedings in Supreme Court to be closed to public (1) A proceeding in the Supreme Court under this Act is not to be heard in open court. (2) No person may inspect the records of the Supreme Court relating to proceedings under this Act unless authorised to do so by a Supreme Court Judge.

Part 5 Miscellaneous Witness Protection (Northern Territory) Act 2002 32 39 Immunity from proceedings (1) In this section: person means any person who is or was: (a) the Commissioner; (b) the Deputy Commissioner; (c) an authorised member of the Police Force; (d) an officer of an approved authority; (e) the Registrar; (f) an employee within the meaning of the Public Sector Employment and Management Act 1993 who is or was subject to direction by the Registrar; or (g) the Ombudsman. (2) A person cannot be required in any proceedings in any court or tribunal or before any person acting judicially to produce a document or to divulge or communicate any matter or thing relating to the exercise of powers or the performance of functions by the person or another person under this Act. (3) No legal proceedings may be commenced against a person in respect of an act, matter or thing done by the person in the course of exercising his or her powers or performing his or her functions for the purposes of this Act. (4) Nothing in this section prevents the Ombudsman from investigating a complaint in relation to the conduct of the Commissioner or another member of the Police Force in relation to this Act. 40 Double jeopardy If an act or omission is both an offence under this Act and an offence under a law of the Commonwealth or a State or another Territory of the Commonwealth, a person who is found guilty of the offence under the law of the Commonwealth, State or other Territory (whether or not a conviction is recorded by the court) is not liable to be proceeded against for the offence under this Act.

Part 5 Miscellaneous Witness Protection (Northern Territory) Act 2002 33 41 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 42 Transitional (1) A person who, immediately before the commencement of this Act, receives on the request of the Commissioner protection and assistance under a witness protection program established under a law of the Commonwealth or a State or another Territory of the Commonwealth becomes, on that commencement, a participant in the TWPP. (2) A memorandum of understanding in force immediately before the commencement of this Act in respect of a person referred to in subsection (1) continues, with the necessary changes, to have effect, and may be dealt with, after that commencement as if it were a memorandum of understanding entered into under this Act.

ENDNOTES Witness Protection (Northern Territory) Act 2002 34 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Witness Protection (Northern Territory) Act 2002 (Act No. 21, 2002) Assent date 7 June 2002 Commenced 21 August 2002 (Gaz G33, 21 August 2002, p 5) Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Australian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005) Assent date 17 March 2005 Commenced 18 May 2005 (s 2, s 2 Australian Crime Commission Act 2005 (Act No. 6, 2005) and Gaz G20, 18 May 2005, p 2) Ombudsman Act 2009 (Act No. 5, 2009) Assent date 12 March 2009 Commenced 1 July 2009 (Gaz G21, 27 May 2009, p 5) Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 (Act No. 3, 2018) Assent date 21 February 2018 Commenced 30 November 2018 (s 2, s 2 Independent Commissioner Against Corruption Act 2017 (Act No. 23, 2017) and Gaz S94, 30 November 2018)

ENDNOTES Witness Protection (Northern Territory) Act 2002 35 Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 10, 16, 29, 33, 34 and 39. 4 LIST OF AMENDMENTS s 3 amd No. 1, 2004, s 62; No. 7, 2005, s 3; No. 3, 2018, s 99; No. 4, 2023, s 23 s 5 amd No. 3, 2018, s 100 s 8 amd No. 8, 2016, s 45; No. 3, 2018, s 101 s 10 amd No. 5, 2009, s 179 s 16 amd No. 3, 2018, s 102 s 28 amd No. 12, 2010, s 3; No. 3, 2018, s 103 pt 2A hdg ins No. 3, 2018, s 104 pt 2A div 1 hdg ins No. 3, 2018, s 104 s 29A ins No. 3, 2018, s 104 pt 2A div 2 hdg ins No. 3, 2018, s 104 ss 29B – 29C ins No. 3, 2018, s 104 pt 2A div 3 hdg ins No. 3, 2018, s 104 ss 29D – 29F ins No. 3, 2018, s 104 pt 2A div 4 hdg ins No. 3, 2018, s 104 ss 29G – 29L ins No. 3, 2018, s 104 s 33 amd No. 5, 2009, s 179; No. 12, 2010, s 3; No. 3, 2018, s 105 s 34 amd No. 5, 2009, s 179; No. 12, 2010, s 3; No. 3, 2018, s 106 s 35 amd No. 12, 2010, s 3 s 38 amd No. 8, 2016, s 45

1 Witness Protection (Northern Territory) Act 2002

The Act uses a compact set of statutory concepts to organise the TWPP. The definitions in s 3 and the operational parts frame the program in legal terms. Key concepts are:

Participant: defined as a witness or family member who receives protection or assistance under the TWPP (s 3). That is the central beneficiary class, and the Act repeatedly ties entitlements, duties and restrictions to "participants" (for example ss 5, 7, 10, 19).
Witness and family member: "witness" is broadly defined to include persons who have given, will give, or have made statements about criminal conduct, or persons for whom the ICAC may act under section 112 of the ICAC Act (s 3). "Family member" is defined inclusively as spouse, de facto partner, or a person related or associated with the witness (s 3). The definition drives adjacency effects: family members can be included and thereby receive all TWPP protections and obligations (s 7(1)(a), s 10).
New identity / assumed identity: the statutory mechanism for legal disguising of a person is an entry in the Territory Register effected after a Supreme Court order (ss 14-16). The Act treats the Register entry and related certificates (birth, marriage, death) as the vehicle by which a lawful new identity is established (s 16(2), (4)). Part 2A uses the term “assumed identity” for ICAC witnesses but operationally follows the same court order / Registrar path (ss 29B-29C, 29L).
Memorandum of understanding (MOU): an essential contractual- or administrative-style instrument that must be in force before protection is provided (s 7(1)(d)). The MOU must record the basis of inclusion, the protections and the termination rules and must advise of complaint rights (s 10(1)). MOUs may contain conditions on participant behaviour, undertakings to preserve security, lists of outstanding obligations and details of financial assistance (s 10(2), s 29D(1) for ICAC MOUs).
Approved authority and complementary witness protection law: the Act contemplates cooperation with Commonwealth, State and Territory programs by declaring approved authorities (s 4) and complementary laws (s 4(3)). Approved authorities include ICAC, the Commissioner of the Australian Federal Police, the heads of other police forces, the Chief Executive Officer of the Australian Crime Commission, and other declared agencies (s 3). Where participants are "recognised participants" in complementary programs, approved authorities may apply to the Court or make arrangements with the Commissioner (ss 14(2), 30-32).
Commissioner’s discretion: the Commissioner is the sole decision-maker on inclusion in the TWPP (s 8(1)) and has broad powers to decide what is necessary and reasonable to protect participants (s 5(2)-(3)); s 8(2) prescribes factors the Commissioner must have regard to when making inclusion decisions. The Commissioner may delegate many powers but not core decision-making functions such as inclusion and reviews of termination/reinstatement (s 37(2)).
Confidentiality offences and program secrecy: the Act criminalises recording or disclosing particulars of Register notations and identity/location information, except for tightly prescribed lawful purposes (s 33). Participants themselves are prohibited from disclosing inclusion or details of MOUs or protection activities, subject to specific exceptions (s 34). The Act prescribes heavy maximum penalties, up to 10 years’ imprisonment for unauthorised disclosure (ss 33(1), 33(3), 34(1)).
Judicial role and secrecy: the Supreme Court plays the statutory gatekeeper role for creating and cancelling legal identities (ss 14-16, 27-29, 29B-29C, 29J-29L). Proceedings under the Act are to be heard closed to the public and Court records are restricted to those authorised by a Judge (s 38).
Restoration and cancellation: the Act provides a two-stage framework for terminating protection, notifying participants, review rights and then for restoring former identities via Court order and Registrar cancellation of the new particulars (ss 19-29). The Registrar must retain records of original Register entries for each person for whom new particulars have been made (s 17).

These concepts interact: inclusion depends on Commissioner discretion and receipt of necessary information (ss 8-9); MOUs encode participant obligations and entitlements (s 10); creation of legal new identities requires a Court order and Registrar action (ss 14-16); secrecy is enforced by criminal sanctions (ss 33-34); inter-jurisdictional cooperation is reached through arrangements and Ministerial declarations (ss 4, 30-32). Those interactions define incentives, burdens and operational risk.

The Act creates direct and indirect impacts across several identifiable groups. Below I list them with the statutory sources that define their roles and obligations.

Participants: persons included in the TWPP , witnesses and their family members (s 3, s 7). They receive protection and assistance (ss 5(1)-(3)), may be given a new identity via a Court order and Register entry (ss 14-16), are required to enter and sign MOUs (ss 10-11), and are subject to prohibitions on disclosing their inclusion, MOU details or related information (s 34). Participants may also be provided with financial assistance, relocation, accommodation, document applications and employment assistance (s 5(3)(b)-(l)). If protection ceases, MOUs cease to operate and the Commissioner may move to restore former identity (ss 22-25).
Family members: spouses, de facto partners or persons related or associated with the witness (s 3). Family members may be included as participants, sign MOUs, be provided protection and assistance and be included in new identity entries where appropriate (s 7(1), s 10).
Commissioner of Police and delegated members of the Police Force: the Commissioner must establish and maintain the TWPP (s 5), has sole responsibility for inclusion decisions (s 8(1)), must receive necessary information before deciding (s 9), must take action to protect participants (s 13), maintains records of original Register entries (s 17), may enter arrangements with approved authorities (s 30), and may delegate many powers to members of the Police Force subject to statutory limitations (s 37). Authorised members may use assumed names and carry documentation with authorisation (s 5(3)(m)).
Approved authorities and their officers: defined in s 3 and declared under s 4. These include the ICAC, AFP Commissioner, State/Territory police heads and the ACC CEO, and other bodies the Minister may declare (s 3, s 4). Approved authorities can apply to the Supreme Court for Register entries for recognised participants (s 14(2)), may enter arrangements with the Commissioner (s 30), and may be authorised by Gazette notice to exercise powers conferred on the Commissioner (s 32). Officers of approved authorities are subject to the Act’s confidentiality provisions, except when authorised or when particular exceptions apply (s 33(2)).
Registrar under the Births, Deaths and Marriages Registration Act 1996: the Registrar must note particulars in the Register in accordance with Court orders (s 16(1)), treat those entries as valid entries under the Territory registration law (s 16(2)), may not alter or cancel such entries except by Court order (s 16(3)), must cancel new identities on Court direction (s 28(1)) and give notice of cancellation where practicable (s 28(2)-(3)). The Registrar must also ensure certificates issued after entries reflect the new particulars (s 16(4)).
Courts and judges: the Supreme Court is the statutory officer that may make orders authorising new Register entries or their cancellation and restoration (ss 15, 27, 29C(1), 29L(1)). Proceedings under the Act are closed to the public (s 38). Court orders are necessary for Registrar action (ss 16(3), 28(1)).
Ombudsman and ICAC oversight actors: MOUs must inform participants of complaint rights to the Ombudsman (s 10(1)(d)); Part 2A requires MOUs for ICAC witnesses to advise of right to complain to the ICAC Inspector (s 29D(1)(g)). Certain authorised disclosures are permitted for Ombudsman investigations and ICAC investigations (s 33(1)(d), (da)).
Third-party contract counterparties and commercial providers: the Commissioner may make commercial arrangements to enable a participant with a new identity to obtain benefits under a contract without revealing their former identity (s 6). Providers who receive notification or are party to arrangements under s 30 may be required to handle sensitive information and share costs.

Who pays and who decides: the Act expressly contemplates cost-sharing between the Territory and approved authorities for arrangements entered under s 30(2)(c). The Commissioner decides whether to include someone in the TWPP (s 8(1)); the Supreme Court decides whether to authorise new identity entries or cancellation/restoration (ss 15, 27, 29C, 29L). Operational decisions about financial assistance, relocation, and the specific protections are taken by the Commissioner or authorised members acting under the TWPP (s 5(2)-(3), s 13).

The Act also imposes obligations on participants and potential compliance costs: signing MOUs (s 11), complying with undertakings in MOUs (s 10(2)(c)-(d)), providing medical or psychological information if required (s 9(2)(a)), and restrictions on disclosure and use of former identity documents (ss 34, 35, 28(4)). Approved authorities and police must create and maintain records specified in s 30(2)(f). The statutory immunities in s 39 and closed Court proceedings in s 38 affect who can be held to account and how oversight operates.

The Act allocates a set of duties to the Commissioner, the Supreme Court, Registrar, approved authorities and participants, and grants a number of rights and procedural protections to participants. I summarise the principal duties and rights and cite the controlling provisions.

Commissioner’s duties and powers

Establish and maintain the TWPP: the Commissioner must set up and maintain the program (s 5(1)).
Provide necessary and reasonable protection and assistance: the TWPP enables the Commissioner or authorised police to take action the Commissioner considers necessary and reasonable to ensure safety and welfare of participants (s 5(2)). The list of permissible actions is extensive (s 5(3)(a)-(o)), from court protection to identity creation, relocation, financial support and assistance towards self-sufficiency.
Sole decision-maker for inclusion: the Commissioner has the exclusive responsibility to decide whether to include a witness or family member in the TWPP (s 8(1)). This includes cases where an approved authority requests inclusion.
Consider specified factors: when deciding inclusion the Commissioner must have regard to criminal history, psychiatric assessments, seriousness and importance of the evidence, and the nature of the perceived danger among other matters (s 8(2)(a)(i)-(vi)).
Information-gathering and tests: the Commissioner must not decide to include unless satisfied they have received all information necessary to assess inclusion; may require medical/psychological tests or make other enquiries (s 9).
Take action to protect participants while assessing or after inclusion: the Commissioner must take or authorise actions permitted under the TWPP that the Commissioner considers necessary and reasonable for participant safety and for protecting the safety of police who carry out TWPP duties (s 13).
Maintain records: the Commissioner must keep and maintain a record of original Register entries for each person in respect of whom a Register entry has been made under s 16(1) (s 17).
Enter arrangements and share costs: may make arrangements with approved authorities, including for sharing costs, exchange of evidence and cross-exercise of powers (s 30).

Supreme Court’s role and powers

Gatekeeper for new identities and restorations: the Court may authorise the Registrar to make new entries in the Register where statutory criteria are met (ss 15, 29C). For restoration or cancellation the Court may make orders it considers necessary to cancel the entry and restore the former identity (ss 27, 29L).
Closed proceedings: proceedings under the Act are private; they must not be heard in open court and Court records are restricted (s 38).

Registrar’s duties

Give effect to Court orders: on receiving a copy of an order the Registrar must note the particulars in the Register (s 16(1)) and treat entries as valid under the Territory registration law (s 16(2)).
Cannot alter/cancel except by Court order: Registrar may not alter or cancel such entries unless authorised by Court order (s 16(3)); on cancellation direction Registrar must cancel particulars and give notice to the person where practicable and ensure that future certificates reflect the former identity after cancellation (ss 28, 29).

Participant duties and rights

MOUs required to operate: no protection unless the Commissioner decides there is a risk, the person agrees (or guardian consents for minors/incapacitated persons), and an MOU is in force (s 7(1)(a)-(d)). MOUs must be signed to take effect (s 11).
Undertakings and behavioural restrictions: MOUs may impose terms restricting activities, require undertakings not to compromise security, compliance with reasonable directions of the Commissioner, disclosure of subsequent criminal charges, and treatment of outstanding obligations (s 10(2)(b)-(h), s 29D(2)).
Right to review termination decisions: where the Commissioner decides to terminate protection, the participant may apply for review within 28 days, the Commissioner must review and provide written outcome and reasons if the decision is confirmed (s 20(3)-(5)). For restoration of former identity participants have a 7‑day review window after notice (s 23(4)-(6)).
Right to confidentiality: participants benefit from statutory prohibitions on unauthorised disclosure (s 33(1), s 33(3)), and are themselves criminally prohibited from disclosing particulars of inclusion or MOUs (s 34), subject to exceptions such as authorised disclosures, Ombudsman/ICAC processes, protected communications to ICAC, or Court orders (s 34(2)).

Approved authority rights and duties

Apply to Court for new identities for recognised participants: an approved authority may apply for a Court order to authorise a Registrar entry for a recognised participant (s 14(2)).
Enter arrangements and share information/costs: the Commissioner and approved authorities may enter arrangements specifying cross-exercise of powers, information sharing, and cost sharing (s 30(2)(a)-(f)).
Be authorised to exercise Commissioner powers where Ministerial Gazette notice permits (s 32).

Other rights, safeguards and limits

Participants are protected from automatic loss of MOUs on termination only as the Act provides: termination takes effect on timelines and subject to review rights (ss 19-22).
Limits on Commissioner's powers: Commissioner must not apply for documents that falsely represent qualifications/entitlements (s 5(4)). Commissioner may delegate many powers but not core decision-making on inclusion and certain reviews (s 37(2)).

These duties and rights embed both coercive elements (criminal secrecy provisions, obligations in MOUs) and procedural protections (review rights, Court oversight for identity changes, complaint and oversight pathways via Ombudsman and ICAC Inspector references in MOUs, s 10(1)(d), s 29D(1)(g)). The allocation of powers places operational discretion with the Commissioner supported by judicial authorisation for the critical legal step of changing registration particulars.

The Act creates multiple criminal offences intended to protect the secrecy and integrity of the TWPP and to control participants’ own disclosures and use of prior identity documents. Enforcement mechanisms are woven through prosecutorial exposure, Court-controlled identity changes, Registrar actions and statutory immunities.

Key criminal offences and penalties

Unauthorised record/disclosure relating to Register particulars: A person must not make a record of information relating to the noting of particulars in the Register in respect of a person who is or was a participant, nor disclose or communicate such information, unless necessary for specified lawful purposes (s 33(1)(a)-(d)). The maximum penalty is imprisonment for 10 years (s 33(1), penalty).
Unauthorised disclosure of identity or location information: s 33(3) separately forbids, without lawful authority, disclosure of information about the identity or location of a person who is or was a participant or that compromises the person’s security. Maximum penalty: 10 years’ imprisonment.
Participant disclosure offence: A person who is or was a participant must not disclose that they or a family member is/was included in the TWPP, the existence or contents of a MOU, information about Commissioner actions under the Act, or information learned about police or approved authority officers as a result of the Act (s 34(1)(a)-(e)). Maximum penalty: 10 years imprisonment (s 34(1)).
Return of documents on cancellation: After a Court-ordered cancellation of a new identity’s Register particulars, the Registrar must notify the person and the person must return all documents issued in respect of the new identity within 14 days. Failure to return is an offence with a maximum penalty of 10 penalty units (s 28(4)).
Use of former-identity documents while new identity entries continue: A person with a new identity must not use or obtain any Registrar-issued document that specifies particulars of the person's former identity that pre-date the new identity entry. Maximum penalty: 10 penalty units (s 35).

Permitted disclosures and exceptions

The Act explicitly permits certain disclosures that would otherwise be prohibited. For example, disclosures necessary for administration of the Act, for Ombudsman investigations under the Ombudsman Act 2009, for certain ICAC investigations (not public inquiries or reports), or to comply with a Supreme Court order are lawful (s 33(1)(c)-(e), (da)). The Commissioner, Deputy Commissioner, an approved authority or an officer of an approved authority may disclose the former identity to obtain documents relating to the new identity (s 33(2)).
Participant disclosure prohibitions exclude authorised disclosures by the Commissioner or an approved authority, Ombudsman investigations, protected communications to ICAC, directions from authorised ICAC officers, and compliance with Court orders (s 34(2)(a)-(c), (ba), (bb)).

Enforcement pathways and administrative controls

Criminal offences will be enforced by prosecutorial authorities in the ordinary way; the Act prescribes maximum penalties but not the enforcement agency or prosecutorial criteria.
The Supreme Court is central to enforcement of identity changes: only Court orders can authorise Registrar entries or cancellations (ss 15, 27, 29C, 29L, 16(3), 28(1)). The Court’s closed proceedings model (s 38) creates a confidential litigation environment.
The Registrar has statutory obligations to act on Court orders and to notify persons where possible (ss 16, 28).
The Act creates statutory immunities for persons acting under the Act from being required to produce documents or divulge matters relating to the exercise of powers under the Act, and provides immunity from legal proceedings for acts done in good faith in the course of exercising functions under the Act (s 39). That immunity is subject to oversight mechanisms preserved in the Act , the Ombudsman may still investigate complaints relating to conduct of the Commissioner or other members of the Police Force (s 39(4)).

Enforcement trade-offs and compliance burdens

The Act’s criminal secrecy provisions are high-penalty offences (up to 10 years), which create a strong legal deterrent against leaking or publicly revealing participant identities. That enhances the ‘secrecy’ value of the program but imposes significant criminal exposure risk for officials, participants and third parties where uncertainty exists about what is “necessary” or “lawful authority” per s 33(1).
Enforcement relies on prosecutorial discretion and criminal court processes; the Act itself does not create a separate administrative penalty regime beyond the small-penalty (10 penalty units) offences attached to document return and misuse provisions (ss 28(4), 35).
The closed Court procedure (s 38) reduces public scrutiny of identity orders and restoration proceedings, which protects confidentiality but reduces transparency and may complicate third-party oversight.

Overall the Act couples high-severity criminal sanctions with judicial oversight of the legally material acts (Register entries), while leaving operational inclusion and review discretion with the Commissioner. Enforcement therefore mixes criminal law, administrative decision-making, and judicial gatekeeping.

The Act has multiple cross-references and operates in concert with other Territory, Commonwealth and inter-jurisdictional instruments. The text makes the following specific interactions explicit.

Complementary witness protection laws and approved authorities

The Act recognises and interoperates with Commonwealth, State or Territory witness protection schemes that may be declared by the Minister to be “complementary witness protection laws” (s 3: complementary witness protection law; s 4(3)). Approved authorities under s 3 include ICAC, the Commissioner of the AFP, heads of State/Territory police forces, the CEO of the Australian Crime Commission, and other bodies the Minister may declare (s 3; s 4(1)-(2)). Where persons are “recognised participants” under a complementary program, approved authorities may apply to the Supreme Court for new identity entries (s 14(2)). The Commissioner may exercise powers under a complementary law, and arrangements may provide for cross-exercise of powers (s 5(3)(n), s 30(2)(a), (e), s 31).
Arrangements between the Commissioner and approved authorities are intended to cover sharing of statements, transcripts and other material that will assist decision-making under this Act or complementary laws (s 30(2)(d)). They must provide for sharing costs (s 30(2)(c)) and record-keeping obligations (s 30(2)(f)).

Registration law

The scheme depends on the Territory Registrar under the Births, Deaths and Marriages Registration Act 1996 to give legal effect to new identities by making Register entries in accordance with Court orders (s 16(1)-(2)). The Act treats entries made under ss 16 and 28 as if they were valid entries made under the Births, Deaths and Marriages Registration Act (s 16(2), s 29(1)). The Registrar cannot alter or cancel such entries except pursuant to a Supreme Court order (s 16(3)). The Registrar must issue birth/marriage/death certificates consistent with new particulars once the particulars are entered (s 16(4)) and must cancel particulars on Court order (s 28).

ICAC Act and Ombudsman Act

Part 2A was introduced to provide a parallel procedure for assumed identities for ICAC witnesses (ss 29A-29L). The ICAC may apply to the Supreme Court for new Register entries, subject to the Court being satisfied on particular criteria (s 29B-29C). MOUs for ICAC witnesses must inform witnesses of their right to complain to the ICAC Inspector about ICAC conduct related to the MOU (s 29D(1)(g)).
MOUs under the TWPP must advise participants of their right to complain to the Ombudsman about conduct of the Commissioner or police in relation to MOU matters (s 10(1)(d)). Certain authorised disclosures are permitted for Ombudsman investigations under the Ombudsman Act 2009 (s 33(1)(d)).

Criminal and other territory/ Commonwealth laws

The Act contemplates interaction with criminal law in several ways: it requires the Commissioner to have regard to whether the witness has a criminal record (s 8(2)(a)(i)), and s 36 provides for sharing of a participant’s new identity, criminal record and fingerprints with approved authorities if the participant is under investigation for or charged with an offence punishable by imprisonment for one year or more (s 36(a)-(f)). Section 40 explicitly addresses double jeopardy: if the same act is an offence under this Act and under Commonwealth, State or Territory law, a person found guilty under other law is not liable to be proceeded against under this Act (s 40).

Evidence, Court confidentiality and procedural law

Proceedings under the Act in the Supreme Court are closed to the public, and Court records are restricted unless a Judge authorises access (s 38). This interacts with standard rules of civil/criminal practice governing closed or in camera proceedings and the handling of sensitive record material.

Delegation and administrative law

The Commissioner may delegate many powers to members of the Police Force (s 37(1)), but not powers under sections 8(1) (inclusion decision), 20(4)-(5) (review functions), 23(5)-(6) (review of restoration decisions), nor the power of delegation itself (s 37(2)). Administrative decisions such as inclusion and review are therefore statutorily reserved in part, potentially affecting avenues for administrative law challenges. The Act also preserves Ombudsman oversight (s 39(4)).

Other instrumental interactions

The Act’s requirement that the Commissioner must not apply for documents that misrepresent qualifications or entitlements (s 5(4)) interacts with other statutory licensing, immigration and social security regimes by prohibiting falsification of entitlement claims through TWPP-created documents.
Regulation-making power (s 41) creates scope for the Administrator to prescribe further procedural or evidentiary detail and thereby interact with subordinate instruments.

In short, the TWPP is designed to operate within a web of Territory registration law, administrative oversight (Ombudsman, ICAC Inspector), judicial control (Supreme Court orders), inter-jurisdictional cooperation (approved authorities and complementary laws), and criminal law. Several specific interactions have operational consequences: cross-border recognition via arrangements, Registrar dependence for legal identity change, permitted disclosures for oversight bodies, and statutory protection of police and Commissioner action via immunity provisions (s 39).

The Act has been amended multiple times since assent in 2002. The Endnotes included with the source provide the authoritative list of substantive amendments and commencement dates. Key items from the source material are:

Assent and commencement: Witness Protection (Northern Territory) Act 2002, Assent date 7 June 2002; commenced 21 August 2002 (Gaz G33, 21 August 2002) (Endnotes, List of Legislation).
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004): amended s 3 (Endnotes 4: s 3 amended No. 1, 2004, s 62).
Australian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005): amended s 3 and s 5 (Endnotes 4: s 3 amd No. 7, 2005, s 3; s 5 amended No. 3, 2018, s 100 , note intersection with later amendments).
Ombudsman Act 2009 (Act No. 5, 2009): consequential amendments to, inter alia, s 10 and s 33 and s 34 (Endnotes 4: s 10 amended No. 5, 2009, s 179; s 33 amd No. 5, 2009, s 179; s 34 amd No. 5, 2009, s 179).
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010): amended s 28 and s 35 among others to adjust penalty unit figures and related text (Endnotes 4: s 28 amd No. 12, 2010, s 3; s 35 amd No. 12, 2010, s 3).
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016): amending s 8 and s 38 (Endnotes 4: s 8 amd No. 8, 2016, s 45; s 38 amd No. 8, 2016, s 45).
Independent Commissioner Against Corruption (Consequential and Related Amendment) Act 2018 (Act No. 3, 2018): a substantive package that inserted Part 2A (Assumed identities for ICAC witnesses), added related divisions and sections (ss 29A-29L), and made additional amendments to s 3, s 5, s 8, s 10, s 15, s 16, s 28, s 33, s 34, and s 35 (Endnotes 4: pt 2A hdg ins No. 3, 2018, s 104; ss 29A-29L inserted; s 3 amd No. 3, 2018, s 99; s 5 amd No. 3, 2018, s 100; s 8 amd No. 3, 2018, s 101; s 16 amd No. 3, 2018, s 102; s 28 amd No. 3, 2018, s 103; s 33 amd No. 3, 2018, s 105; s 34 amd No. 3, 2018, s 106).
Statute Law Revision Act 2023 (Act No. 4, 2023): formal revision amendments including s 3 (Endnotes 4: s 3 amd No. 4, 2023, s 23; Endnotes 2 indicate commencement 3 March 2023).

The Endnotes identify multiple discrete changes to section numbering and content. The 2018 amendments stand out for adding a dedicated mechanism for ICAC witnesses (Part 2A), adjusting secrecy provisions and integration with ICAC procedures and oversight. The 2009 Ombudsman Act amendments and the 2010 penalties amendments updated disclosure exceptions and penalty references respectively.

For practitioners the important points are:

The scheme has evolved to integrate oversight mechanisms (Ombudsman, ICAC Inspector) and to permit ICAC to seek assumed identities under a parallel statutory pathway (Part 2A).
Amendment history shows the legislature has responded to cross-instrument alignment needs (e.g. with ICAC Act and Ombudsman Act) and penalty recalibration.
The current statutory text as in force at 3 March 2023 (the source provided) reflects those amendments and should be read together with the referenced Acts (ICAC Act, Ombudsman Act, Births, Deaths and Marriages Registration Act 1996) for full operational context.

The source does not provide legislative policy papers or second reading speeches, so the recorded changes and their dates in the Endnotes are the available legislative history in the supplied material.

The provided text of the Act contains no case law citations or a record of litigation interpreting the Act. The Endnotes and the Act text list amendments and related legislation but do not record judicial decisions or reported cases involving the Act. Therefore, based strictly on the source material supplied:

There is no litigation history recorded or cited within this reprint of the Act (the Act does not mention any cases).
The Act contemplates judicial involvement (Northern Territory Supreme Court) for authorising and cancelling Register entries (ss 14-16, 27-29, 29B-29C, 29J-29L), and proceedings under the Act are to be closed to the public (s 38), but the source provides no record of judicial interpretation or appellate decisions.

For practitioners seeking judicial treatment of particular provisions (for example, the scope of the Commissioner’s discretion, the meaning of "necessary and reasonable", or the interpretation of the secrecy provisions), that material would need to be sourced from reported Northern Territory Supreme Court or appellate decisions, or from unreported judgments, none of which are included in the supplied Act text. The Act’s closed proceedings regime (s 38) may affect the availability of reported decisions arising under the Act, and the Act’s immunities (s 39) and secrecy offences (ss 33-34) may also affect public litigation records. In short, the source provides no litigation history; further case-law research beyond this statute text is required to identify judicial interpretations.

The Act contains several provisions that produce non-obvious legal or operational consequences. These are practical “watch outs” grounded in the statutory text.

Sole Commissioner discretion on inclusion (s 8(1))
- The Act vests "sole responsibility" for inclusion decisions in the Commissioner (s 8(1)). While the Commissioner must have regard to factors listed in s 8(2), this centralisation means inclusion is primarily an executive decision; judicial oversight comes later (Court orders for identities) rather than at the initial inclusion stage. Practically, applicants cannot compel inclusion through a statutory right; they have to persuade the Commissioner. Delegation of this power is not permitted (s 37(2)), so the political and administrative accountability is concentrated.
High criminal penalties for disclosure, with limited exceptions (ss 33, 34)
- s 33(1) and s 33(3) create broad offences covering records and disclosure about Register notations, identity and location, with custodial penalties up to 10 years. Similarly, s 34 prohibits participant disclosure and carries the same maximum penalty. The offences include exceptions (s 33(1)(c)-(e), s 34(2)), but the test of what is “necessary” or “lawful authority” is operationally significant and may be a compliance risk for third parties or participants uncertain about permitted disclosures.
- Note that s 33(2) specifically allows the Commissioner, Deputy Commissioner, approved authorities and their officers to disclose a former identity for the purpose of obtaining documents relating to the new identity, which is a narrow operational exception.
Court orders needed to create/cancel legal identity (ss 14-16, 27-29)
- New identities are legally effective only after the Supreme Court authorises Registrar entries (s 14(1), s 15). Similarly, restoration or cancellation requires Court orders (ss 27-28). The practical effect is that operational measures requiring legal identity change depend on judicial timing and evidence standards (applications must be supported by evidence specified in s 14(3) and s 27(1)(a)-(b)). This introduces potential delay, evidence hurdles and closed proceedings obligations (s 38).
Registrar cannot alter entries except by Court order (s 16(3))
- Once the Registrar makes an entry under s 16(1), it cannot be altered or cancelled except by Court order, which increases both the legal finality of new identities and the administrative burden of restoration once the protection regime no longer applies.
Return of documents and short timeframes (s 28(4))
- On Court-ordered cancellation, the person must return documents relating to their new identity within 14 days (s 28(4)). There is a modest penalty (10 penalty units) for non-return. Practically this requires robust procedures to track and retrieve documents in often difficult circumstances of relocation and secrecy.
Information-sharing when participants face criminal investigation (s 36)
- If an approved authority notifies the Commissioner that a person provided with a new identity is under investigation or charged for an offence punishable by a year’s imprisonment or more, the Commissioner may release the new identity or location, the person's criminal record and fingerprints, or allow interviews of police officers (s 36(c)-(f)). That is a direct route by which protection may be compromised for reasons of criminal investigation. It creates a legal mechanism that can impose effective conditionality on the continuance of secrecy if a participant becomes subject to serious criminal investigation.
Participant obligations in MOUs and the effect of breaches (ss 10, 12, 19)
- MOUs must be in force for protection to operate (s 7(1)(d)) and may impose a variety of obligations including undertakings not to compromise security and to disclose subsequent criminal charges (s 10(2)(c), (h)). The Commissioner may terminate protection for deliberate breaches, conduct that threatens TWPP security, false or misleading information, failure to comply with MOU signature requirements and similar grounds (s 19(1)). Termination processes include notice and review rights (s 20), but these are time-limited and can, if confirmed, remove protection and trigger restoration mechanics.
Delegation limits (s 37(2))
- The Commissioner may delegate most powers, but not inclusion decisions (s 8(1)) or review decisions under s 20(4)-(5) and s 23(5)-(6). This means centralised leadership is legally required for core decisions, which may create bottlenecks in practice.
Closed Court proceedings and limited public record (s 38)
- Proceedings under the Act are not to be heard in open court and Court records are restricted (s 38). This supports confidentiality but reduces transparency for external scrutiny or academic/legal analysis; it can also complicate public-interest or media challenges.
Practical compliance burden for third parties and private-sector counterparties

The Commissioner may make commercial arrangements enabling participants with new identities to obtain contractual benefits without revealing former identities (s 6). Private-sector entities entering such arrangements need protocols to handle confidential material, to verify identities as authorised, and to manage the risk of criminal liability under ss 33-34 if they mishandle information.

These “gotchas” are direct derivations from the Act’s text: concentration of discretionary power, judicial gatekeeping for legal identity changes, strong secrecy offences with narrow exceptions, mechanisms permitting disclosure on criminal investigation and administrative obligations for retrieval and record-keeping. Each creates operational frictions and compliance requirements.

This section synthesises operational actions and compliance checklists for the main affected actors: the Commissioner and Police Force, approved authorities (including ICAC), Registrar and other public officials, participants and private-sector counterparties.

For the Commissioner and Police Force

Establish formal policies and documentation templates for MOUs that comply with s 10 (TWPP MOUs) and s 29D (ICAC MOUs). MOUs must: specify basis of inclusion, detail protection and assistance, set out termination processes and review rights, and advise participants of complaint rights (s 10(1), s 29D(1)(a)-(g)).
Implement an intake and assessment protocol that ensures compliance with s 9: do not decide inclusion until the Commissioner is satisfied that all necessary information has been received; where appropriate require medical/psychological testing and make appropriate enquiries (s 9(1)-(2)).
Maintain records of original Register entries for any person for whom a new identity is created (s 17). Ensure secure storage and chain-of-custody protocols consistent with the Act’s secrecy provisions (s 33).
Use the statutory factors in s 8(2) for inclusion decisions: criminal record, psychiatric/psychological evaluation, seriousness of the offence, importance of evidence, nature of perceived danger, viable alternatives, and relationships to other witnesses. Document decision rationales to support possible review rights (s 8(2)(a)-(b)).
Before applying to the Supreme Court for new identity entries (ss 14-16), prepare the evidentiary material required by s 15 (for TWPP participants) and s 29C(1) (for ICAC witnesses): evidence that the person is a participant/ICAC witness, that life/safety may be endangered by their witness status, and that the person is likely to comply with the MOU (s 15(a)-(c); s 29C(1)(a)-(c)). Provide closed-court briefs per s 38.
Ensure internal authorisation for any personnel who will use assumed names or carry documentation, as permitted in s 5(3)(m).
When protection ceases or when restoring or cancelling identities, follow the notice and review procedures set out in ss 19-25 and ss 27-29. Provide clear written notices with reasons where decisions are confirmed (s 20(5)(c), s 23(6)(c)).
Draft and maintain arrangements with approved authorities per s 30, covering cost-sharing (s 30(2)(c)), document exchange (s 30(2)(d)), power-sharing arrangements (s 30(2)(a)-(b)), and record-keeping obligations (s 30(2)(f)).
Ensure compliance with s 36: if an approved authority notifies you that a protected person is under investigation or charged with an offence punishable by imprisonment for 1 year or more, be prepared to consider releasing the new identity, criminal record, fingerprints or facilitating interviews (s 36(c)-(f)). Have legal processes in place to document such decisions.

For the Registrar and records staff

Implement secure procedures for receiving, making and cancelling Registrar entries pursuant to Court orders (ss 16, 28). Ensure processes for checking that Court orders are properly authorised and recorded and that subsequent certificates reflect new particulars (s 16(4)).
Maintain confidentiality and access logs for records relating to proceedings closed under s 38. Only permit inspection of Court records in line with s 38(2) and judicial authorisation.
Plan logistics for the 14‑day document return requirement after cancellation (s 28(4)), including secure collection, inventory and destruction/retention protocols.

For approved authorities (AFP, State police, ACC, ICAC as relevant)

If requesting inclusion of a witness under s 8, prepare complete evidence and supporting materials to satisfy the Commissioner’s s 9 information requirements and the s 8(2) factors. Expect coordination under s 30 arrangements.
Where acting as an approved authority seeking an order for a recognised participant, prepare Court applications under s 14(2) and support with evidence per s 15.
For ICAC: follow Part 2A procedures. ICAC applications to Court must satisfy s 29C(1) and MOUs must include specific content (s 29D(1)). ICAC must follow the Part 2A restoration and review pathways (ss 29G-29L).

For participants and their legal advisers

Understand that protection and assistance only commence when the Commissioner decides inclusion and an MOU is signed and in force (s 7(1)(a)-(d), s 11). Where minors or persons lacking capacity are involved, ensure proper guardian or legal personal representative consents are obtained (s 3(2), s 11(2)).
Carefully review MOUs for obligations that may limit activities, require specific undertakings, or require disclosure of subsequent criminal charges and other legal obligations (s 10(2)(b), (h)). MOUs may be amended but amendments require participant consent (s 12(2)(a)).
Be aware of strict restrictions on disclosure by participants (s 34). Read and obtain legal advice on exceptions: authorised disclosures, Ombudsman/ICAC reporting mechanisms, protected communications to ICAC, and compliance with Court orders (s 34(2)(a)-(c), (ba), (bb)).
If protection is to be terminated, note timeframes and rights to review (s 20(3)-(5)). If former identity restoration is proposed, note the 7‑day review right (s 23(4)-(6)). Track timelines carefully , termination and restoration take effect on statutory timelines (s 21, s 24).
Where a participant is required to return documents after cancellation, comply within 14 days to avoid administrative penalties (s 28(4)).

For private-sector counterparties and commercial providers

If entering commercial arrangements under s 6 to enable a participant to obtain contract benefits without revealing former identity, document the legal basis for accepting the participant’s assumed identity, obtain confirmation in writing of Commissioner authority, and maintain strict confidentiality protocols commensurate with s 33 and s 34 restrictions.
Ensure compliance procedures in procurement, identity verification and anti-money laundering checks are compatible with receiving authorised confirmation from the Commissioner and with the need to avoid disclosure that would breach criminal provisions.

Cross-cutting compliance steps

Training: Provide ongoing training for police, registry staff, approved authority officers and any private-sector partners dealing with TWPP matters on the statutory secrecy provisions, MOU content, review rights, Court application procedures and record-keeping duties.
Legal workflows: Maintain standard operating procedures for Court applications and closed-court filings (ss 14-16, 29B-29C, s 38) and ensure legal teams are resourced to prepare evidence meeting the statutory standards.
Audit and oversight: Implement internal compliance and audit trails to document decisions under s 8, tests under s 9, and any disclosures under s 36; ensure Ombudsman and ICAC Inspector complaint pathways are accessible and distinct (s 10(1)(d), s 29D(1)(g), s 39(4)).
Risk management: Develop contingency plans for cases where participants become the subject of criminal investigations (s 36), where MOUs are breached (s 19), or where security is believed to be compromised (s 19(1)(b)).

Concluding practical note: compliance under the Act requires harmonising confidentiality obligations, judicial application processes, inter-agency arrangements and participant management protocols. The Act prescribes many of the structural requirements (MOUs, Court orders, Registrar actions, notice and review timetables). Operational compliance depends on detailed procedures that implement those statutory requirements while managing secrecy, legal risk and the potential for criminal exposure where uncertainty exists about lawful authority to disclose.

Witness Protection (Northern Territory) Act 2002

Plain English Summary

Deep Dive

What it does

Current sections

Witness Protection (Northern Territory) Act 2002

Source text: opening excerpt

1 Witness Protection (Northern Territory) Act 2002

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply