South Australian Consolidated Acts South Australian Consolidated Acts9—Selection for inclusion in Program
(1) The Commissioner
has the sole responsibility of deciding whether to include a witness in the
Program, including cases where an approved authority has requested that a
witness be included in the Program.
(2) A witness may be
included in the Program only if—
(a) the
Commissioner has decided that the witness be included; and
(b) the
witness agrees to be included; and
(c) the
witness signs a memorandum of understanding in accordance with section 10
or—
(i)
if the witness is under the age of 18 years—a
parent or guardian of the witness signs such a memorandum; or
(ii)
if the witness otherwise lacks legal capacity to sign the
memorandum—a guardian or other person who is usually responsible for the
care and control of the witness signs such a memorandum.
(3) The Commissioner
must, in deciding whether to include a witness in the Program, have regard
to—
(a)
whether the witness has a criminal record, particularly in respect of crimes
of violence, and whether that record indicates a risk to the public if the
witness is included in the Program; and
(b) if a
psychological or psychiatric examination or evaluation of the witness has been
conducted to determine the witness's suitability for inclusion in the
Program—that examination or evaluation; and
(c) the
seriousness of the offence to which any relevant evidence or statement
relates; and
(d) the
nature and importance of any relevant evidence or statement; and
(e)
whether there are viable alternative methods of protecting the witness; and
(f) the
nature of the perceived danger to the witness; and
(g) the
nature of the witness's relationship to other witnesses being assessed for
inclusion in the Program,
and may have regard to such other matters as the Commissioner considers
relevant.
(4) The Commissioner
must not include a witness in the Program if the Commissioner does not, in his
or her opinion, have enough information to assess the matters referred to in
subsection (3) in relation to the witness.
(5) If—
(a) a
parent or guardian of a witness signs a memorandum of understanding because
the witness was under the age of 18 years; and
(b) the
witness included in the Program remains a participant until after he or she
attains the age of 18 years,
the Commissioner may require the participant to sign another memorandum of
understanding.