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