Crimes and Other Legislation Amendment (Omnibus) Act 2023 (63 of 2023)
Schedule 9 Witness protection
Part 2 Suspension of protection and assistance
Witness Protection Act 1994
4 After section 17
Insert:
17A Suspension of protection and assistance on request by participant
(1) Protection and assistance provided under the NWPP to a participant may be suspended by the Commissioner if the participant requests in writing that it be suspended.
(2) A suspension under subsection (1) takes effect:
(a) if the request specifies a time, and the Commissioner makes a decision on the request before that time - at the time specified in the request; or
(b) otherwise - at a time determined by the Commissioner.
(3) A suspension under subsection (1) ceases to have effect:
(a) when the participant requests in writing that the suspension cease; or
(b) if the request under subsection (1) specifies a time for the suspension to cease - at that time.
Notice of decision
(4) If a participant makes a request under subsection (1), the Commissioner must, as soon as practicable after the request is made:
(a) give written notice to the participant of the Commissioner's decision to suspend, or not to suspend, protection and assistance; and
(b) notify the relevant approved authority of that decision.
Effect of suspension
(5) Subject to subsection (6), protection or assistance must not be provided under the NWPP to a participant while a suspension under this section is in effect for the participant.
(6) However, subsection (5) does not prevent protection or assistance being provided under the NWPP to a participant while a suspension under this section is in effect for the participant if the Commissioner is satisfied that, in the circumstances, it is necessary and reasonable for the protection or assistance to be provided despite the suspension.
(7) To avoid doubt, a suspension under this section does not result in a person ceasing to be a participant while the suspension is in effect.
Former participants etc.
(8) This section does not apply to:
(a) former participants; or
(b) other persons who are receiving protection or assistance under subsection 13(5) because of a relationship with a former participant.
17B Suspension of protection and assistance by Commissioner
(1) Protection and assistance provided under the NWPP to a participant may be suspended by the Commissioner if, in the opinion of the Commissioner:
(a) the participant has done or intends to do something that limits, or would limit, the Commissioner's ability to provide adequate protection and assistance under the NWPP; and
(b) in the circumstances of the case, protection and assistance under the NWPP should be suspended.
(2) A suspension under subsection (1) takes effect:
(a) at the time determined by the Commissioner; or
(b) if no such time is determined - at the time the Commissioner decides to suspend the protection and assistance.
(3) A suspension under subsection (1):
(a) has effect until the time determined by the Commissioner, which must be reasonable in all the circumstances; and
(b) may be extended by the making of a new decision under subsection (1); and
(c) may be revoked by the Commissioner if the Commissioner is satisfied that paragraph (1)(a) or (b) no longer applies.
Notice of decision
(4) If the Commissioner makes a decision under subsection (1) to suspend the protection and assistance provided to a participant under the NWPP, the Commissioner must:
(a) take reasonable steps to notify the participant of the decision; and
(b) notify the relevant approved authority of the decision.
Effect of suspension
(5) Subject to subsection (6), protection or assistance must not be provided under the NWPP to a participant while a suspension under this section is in effect for the participant.
(6) However, subsection (5) does not prevent protection or assistance being provided under the NWPP to a participant while a suspension under this section is in effect for the participant if the Commissioner is satisfied that, in the circumstances, it is necessary and reasonable for the protection or assistance to be provided despite the suspension.
(7) To avoid doubt, a suspension under this section does not result in a person ceasing to be a participant while the suspension is in effect.
Former participants etc.
(8) This section does not apply to:
(a) former participants; or
(b) other persons who are receiving protection or assistance under subsection 13(5) because of a relationship with a former participant.
Suspension decision may only be made by delegate or sub-delegate
(9) A decision under subsection 17B(1) to suspend the protection and assistance provided to a participant under the NWPP (other than such a decision made as a result of a review under section 17C) may only be made by a person to whom the power to make the decision has been delegated, or sub-delegated, under section 25.
17C Review of decision to suspend protection and assistance
(1) This section applies to a decision under subsection 17B(1) to suspend the protection and assistance provided to a participant under the NWPP (a suspension decision ), other than such a decision made as a result of a review under this section.
(2) A participant who receives notification of a suspension decision may, within 7 days after receiving the notification, apply in writing to the Commissioner for a review of the decision.
(3) If an application is made, the Commissioner:
(a) must review the decision, and confirm, reverse or vary it; and
(b) before making that decision, must give the participant a reasonable opportunity to state the participant's case; and
(c) after making that decision, must inform the participant in writing of the decision.