1
Name
1 Name
This instrument is the Witness Protection Regulations 2018.
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This regulation implements parts of the Witness Protection Act 1994 by prescribing administrative details: the instrument name and authority, the official permission forms for protected participants not to disclose their original or former NWPP identity, which national security clearance levels count as “eligible”, and which Proceeds of Crime hearings count as specified civil proceedings. It affects participants in the National Witness Protection Program, the AFP Commissioner (who grants permissions), and Commonwealth officers who would otherwise receive identity disclosures.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Witness Protection Regulations 2018.
This instrument is the Witness Protection Regulations 2018.
This instrument is made under the Witness Protection Act 1994.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) complementary witness protection law;
(b) former NWPP identity;
(c) original identity;
(d) participant.
In this instrument:
Act means the Witness Protection Act 1994.
For the purposes of the definition of eligible national security clearance in section 3 of the Act, a security clearance at one of the following levels is prescribed: (a) Negative Vetting Level 1; (b) Negative Vetting Level 2; (c) Positive Vetting.
(1) For the purposes of paragraph 16(1)(b) of the Act, Form 1 in Schedule 1 is prescribed. (2) For the purposes of subsection 16(5) of the Act, Form 2 in Schedule 1 is prescribed and may be used for the purpose of granting an approval under subsection 16(4) of the Act.
For the purposes of paragraph (d) of the definition of civil proceeding in subsection 27A(3) of the Act, each of the following is prescribed: (a) an application for a restraining order under Division 2 of Part 2‑1 of the Proceeds of Crime Act 2002; (b) an examination conducted under Division 3 of Part 3‑1 of the Proceeds of Crime Act 2002.
Commonwealth of Australia
Witness Protection Act 1994
Permission under paragraph 16(1)(b) of the Act for participant not to disclose original identity or former NWPP identity
I, [name], the Commissioner of the Australian Federal Police, under paragraph 16(1)(b) of the Witness Protection Act 1994, give permission to [name of participant]:
(a) a participant who has been provided with a new identity under the National Witness Protection Program; and (b) who would, apart from section 16 of that Act, be required by or under a law of the Commonwealth to disclose the participant’s *original identity /*former NWPP identity provided on [date] for a particular purpose, namely [specify the purpose];
not to disclose that identity for that particular purpose.
Dated
Commissioner
*Omit if not applicable.
Commonwealth of Australia
Witness Protection Act 1994
Permission under complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity
I, [name], the Commissioner of the Australian Federal Police, under [specify provision] of [specify State or Territory law] of [specify State or Territory], a complementary witness protection law within the meaning of the Witness Protection Act 1994 of the Commonwealth (the Witness Protection Act), give permission to [name of participant]:
(a) a participant who has been provided with a new identity under the National Witness Protection Program under the Witness Protection Act; and (b) who would otherwise be required to disclose the participant’s *original identity /*former NWPP identity provided on [date] for a particular purpose, namely [specify the purpose];
not to disclose that identity to a Commonwealth officer for that particular purpose.
Dated
Commissioner
*Omit if not applicable.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Witness Protection Regulations 2018.
This instrument is made under the Witness Protection Act 1994.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) complementary witness protection law;
(b) former NWPP identity;
(c) original identity;
(d) participant.
In this instrument:
Act means the Witness Protection Act 1994.
For the purposes of the definition of eligible national security clearance in section 3 of the Act, a security clearance at one of the following levels is prescribed: (a) Negative Vetting Level 1; (b) Negative Vetting Level 2; (c) Positive Vetting.
(1) For the purposes of paragraph 16(1)(b) of the Act, Form 1 in Schedule 1 is prescribed. (2) For the purposes of subsection 16(5) of the Act, Form 2 in Schedule 1 is prescribed and may be used for the purpose of granting an approval under subsection 16(4) of the Act.
For the purposes of paragraph (d) of the definition of civil proceeding in subsection 27A(3) of the Act, each of the following is prescribed: (a) an application for a restraining order under Division 2 of Part 2‑1 of the Proceeds of Crime Act 2002; (b) an examination conducted under Division 3 of Part 3‑1 of the Proceeds of Crime Act 2002.
Commonwealth of Australia
Witness Protection Act 1994
Permission under paragraph 16(1)(b) of the Act for participant not to disclose original identity or former NWPP identity
I, [name], the Commissioner of the Australian Federal Police, under paragraph 16(1)(b) of the Witness Protection Act 1994, give permission to [name of participant]:
(a) a participant who has been provided with a new identity under the National Witness Protection Program; and (b) who would, apart from section 16 of that Act, be required by or under a law of the Commonwealth to disclose the participant’s *original identity /*former NWPP identity provided on [date] for a particular purpose, namely [specify the purpose];
not to disclose that identity for that particular purpose.
Dated
Commissioner
*Omit if not applicable.
Commonwealth of Australia
Witness Protection Act 1994
Permission under complementary witness protection law of a State or Territory for participant not to disclose original identity or former NWPP identity
I, [name], the Commissioner of the Australian Federal Police, under [specify provision] of [specify State or Territory law] of [specify State or Territory], a complementary witness protection law within the meaning of the Witness Protection Act 1994 of the Commonwealth (the Witness Protection Act), give permission to [name of participant]:
(a) a participant who has been provided with a new identity under the National Witness Protection Program under the Witness Protection Act; and (b) who would otherwise be required to disclose the participant’s *original identity /*former NWPP identity provided on [date] for a particular purpose, namely [specify the purpose];
not to disclose that identity to a Commonwealth officer for that particular purpose.
Dated
Commissioner
*Omit if not applicable.