New South Wales Consolidated Acts

CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 13

13 Modified reporting procedures for protected witnesses

(1) This section applies to each of the following persons:

(a) any registrable person who is currently a participant in a witness protection program,

(b) any registrable person who has been a participant in a witness protection program but in respect of whom an order under this section is yet to be made,

(c) any registrable person the subject of an order in force under this section declaring that the person is a person to whom this section applies.

(1A) This section (except subsections (3)-(10)) also applies to a registrable person who is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.

(2) It is sufficient compliance with the requirements of this Part:

(a) if a person to whom this section applies provides information required by the Commissioner of Police, at the times and in the manner authorised by the Commissioner of Police for the purposes of this section, and

(b) if the acknowledgment of the giving of the information is given in a manner approved by the Commissioner of Police, and

(c) if copies of relevant documents, rather than original documents, are provided.

(3) The Commissioner of Police must make an order declaring that a registrable person who is or has been a participant in a witness protection program either is, or is not, a person to whom this section applies:

(a) when the person ceases to be a participant in the program as a consequence of a request under section 11 (1) of the Witness Protection Act 1995 , or

(b) when the Commissioner makes a decision under section 11 (2) of the Witness Protection Act 1995 that the protection and assistance given to the person under the program be terminated.

(4) On making such an order, the Commissioner of Police must take reasonable steps to notify the person concerned of the terms of the order.

(5) A person who receives such a notification may, within 14 days after receiving it, apply in writing to the Commissioner of Police for a review of the decision.

(6) On receiving an application referred to in subsection (5), the Commissioner of Police:

(a) must review the order, and confirm or reverse it, and

(b) before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case, and

(c) after making a decision on the matter, must given written notice of the decision to the applicant.

(7) If the decision of the Commissioner of Police is to confirm the order, the notice referred to in subsection (6) (c) must inform the applicant of the applicant’s rights under subsection (8).

(8) A person who is aggrieved by a decision of the Commissioner of Police in relation to an order under this section may appeal to the Ombudsman against the decision within 3 days after receiving notice of the decision.

(9) The Ombudsman’s decision in respect of the appeal has effect according to its terms.

(9A) An order declaring that this section applies to a registrable person takes effect immediately.

(10) An order declaring that this section does not apply to a registrable person takes effect:

(a) at the end of 14 days after notice is given to the person concerned as referred to in subsection (4), or

(b) if an application referred to in subsection (5) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in subsection (6) (c), or

(c) if an appeal referred to in subsection (8) is made before the end of that period, on the date on which the Ombudsman determines the appeal.