Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 3   Witness protection

Part 1   Amendments

Witness Protection Act 1994

66   After section 27

Insert:

27A Requirement where participant involved in civil proceedings

(1) If a participant is to be involved, under the participant's current NWPP identity, in a civil proceeding in which his or her identity is in issue, the participant must notify the Commissioner that the participant is involved in the proceeding.

(2) After being notified under subsection (1), the Commissioner may take any action he or she considers appropriate in the circumstances.

(3) In this section:

civil proceeding means any proceeding in a court, a tribunal or a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry, other than a criminal proceeding, and, to avoid doubt, each of the following is part of a civil proceeding:

(a) any proceeding on an ex parte application (including an application made before pleadings are filed in a court);

(b) the discovery, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;

(c) an appeal proceeding;

(d) any interlocutory or other proceeding prescribed by regulations for the purposes of this paragraph.