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WITNESS PROTECTION ACT 1991
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
3AAA. Objective of witness protection
3AA. Witness protection principles
PART 2--WITNESS PROTECTION AND ASSISTANCE
Division 1--Victorian witness protection program
3A. Victorian witness protection program
3B. Inclusion in the Victorian witness protection program
3C. Special commercial arrangements by Chief Commissioner
4. Witness to disclose certain matters before being included in program
5. Memorandum of understanding—Victorian witness protection program
6. Application for court order
7. Power of Supreme Court to make order
8. Effect of authorizing court order
9. Effect of entries made under this Act
9A. Dealing with rights and obligations of participants
9B. Requirement on participant involved in civil proceedings
Division 2--Interim witness protection
9C. Interim protection
9D. Duration of interim protection declaration
9E. Cessation of interim protection declaration
Division 3--Temporary assumed identities and identity documents
9F. Definitions
9G. Application for authority to acquire and use assumed identity
9H. Authority to acquire and use assumed identity
9I. Duration of authority
9J. Variation or cancellation of authority
9K. Evidence of assumed identity
9L. Protection from criminal liability—officers of issuing agencies
9M. Protection from criminal liability—authorised persons
9N. Misuse of assumed identity
Division 3A--Alternative protection arrangements
9O. Alternative protection arrangements
9P. Provision of alternative protection arrangements
9Q. Witness to disclose certain matters
9R. Memorandum of understanding—alternative protection arrangements
9S. Options for protection and assistance may be considered simultaneously
Division 4--General provisions applying to witness protection and assistance
10. Information not to be disclosed
10A. Disclosure of information about identity etc. in proceedings
11. Offences in relation to documents
12. Privilege of matters and things relating to performance of duties in accordance with this Act
12A. Immunity from civil action
12B. Investigations of complaints by the IBAC
13. Court proceedings under this Act to be closed
14. Certain provisions of Births, Deaths and Marriages Registration Act 1996 excluded
15. Special provision in case of marriage
15AA. Review of protection and assistance provided to witnesses
Division 5--Suspension and termination of witness protection and assistance
15A. Suspension of protection and assistance
16. Termination of protection and assistance
17. Involuntary termination—notice and review
18. When does involuntary termination take effect?
19. Restoration of former identity
20. When does a decision to restore a person's former identity take effect?
20A. Children of participant or recognised participant who have no former identity
PART 2A--PUBLIC ACCOUNTABILITY, MONITORING AND REPORTING
Division 1--Record keeping
20B. Record keeping
Division 2--Independent Broad-based Anti‑corruption Commission
20C. Functions of the IBAC
20D. IBAC to be given reasonable assistance
20E. Powers in relation to monitoring
20F. Recommendations
20G. Reports on monitoring compliance
20H. Immunity of the IBAC and IBAC Officers
Division 3--Public Interest Monitor
20I. Meaning of relevant decision
20J. Functions of the Public Interest Monitor
20K. Chief Commissioner to notify the Public Interest Monitor of scheduled decisions
20L. Full disclosure to the Public Interest Monitor
20M. Chief Commissioner to have regard to recommendations and reports of the Public Interest Monitor
20N. Return of documents
20O. Recommendations
20P. Reports on performance of functions under this Act
20Q. Immunity of the Public Interest Monitor
Division 4--Reporting
20R. Report to the Minister
PART 3--COMMONWEALTH AND INTERSTATE ARRANGEMENTS
21. Arrangements with approved authorities
21A. Approved authorities can only act under this Act if arrangements with Chief Commissioner are in place
22. Authorisation of approved authorities
23. Provision of information to approved authorities
PART 4--GENERAL
23A. Delegation by Chief Commissioner
24. Freedom of Information Act 1982
24A. Double jeopardy
25A. Regulations
PART 5--TRANSITIONAL PROVISIONS
26. Transitional provision
27. Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012
28. Transitional provision—Witness Protection Amendment Act 2014
29. Transitional provision—Witness Protection Amendment Act 2016
ENDNOTES
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