Witness Protection Act 2000 (Qld)

Witness Protection Act 2000

An Act about witness protection in Queensland, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Witness Protection Act 2000.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Dictionary The dictionary in schedule 2 defines terms used in this Act.

4 Act binds State, Commonwealth and other States This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States.

Part 2 Witness protection program

5 Witness protection program The witness protection program is a program, run by the commission, to provide witness protection for— (a) persons included in the program under this Act; and (b) persons who are being protected under a witness protection program under a complementary witness protection law.

6 Person may be included in program (1) The chairperson may include a person in the program on the chairperson's own initiative, or on the application of a law enforcement agency, if the chairperson considers— (a) the person needs protection from a danger arising— (i) because the person has helped, or is helping, a law enforcement agency in the performance of its functions; or (ii) because of the person's relationship or association with a person who has helped, or is helping, a law enforcement agency in the performance of its functions; and (b) it is appropriate to include the person in the program. Example for paragraph (a)(ii)— a family member or an associate of a person who has helped a law enforcement agency in a criminal investigation (2) An application of a law enforcement agency other than the commission may be signed by the agency's chief executive officer or an officer authorised by the agency's chief executive officer to sign the application. (3) In deciding whether to include the person in the program, the chairperson must have regard to the following— (a) the person's criminal history; (b) medical, psychiatric or psychological information about the person made available to the chairperson with the person's consent or under an arrangement under section 40; (c) if the person has helped, or is helping, a law enforcement agency in the performance of its functions—the seriousness of any offence in relation to which the person has given, or is giving help; (d) the extent of the help the person can offer, or has offered; (e) any other available way of protecting the person; (f) the nature of any threat to the person considered by the person or the chairperson to exist; (g) whether the person has applied previously for protection under any of the following and, if the person was given protection, the nature of the protection and the circumstances in which the protection ended— (i) this Act; (ii) the Criminal Justice Act 1989 or the Crime and Corruption Act 2001; (iii) a corresponding witness protection law; (h) any information disclosed to the chairperson of a type required under a regulation. (4) The chairperson must not include the person in the program— (a) if the chairperson considers there is not enough information available to the chairperson to decide whether to include the person in the program; or (b) as a reward for giving evidence or making a statement. (5) If the chairperson decides not to include the person in the program, the chairperson must notify the person of the decision. Note— For how notice may be given, see section 46.