Hansard debates

  Minister for Police and Emergency Services
WITNESS PROTECTION AMENDMENT BILL 2014
Second reading

  Mr WELLS (Minister for Police and Emergency Services) -- I move:
  That this bill be now read a second time.
Speech  as follows incorporated  into Hansard in  accordance  with resolution of
house:
  Witnesses are an essential part of our criminal justice system. If there is no
  witness, there can  often be no prosecution.  The Witness Protection Act  1991
  establishes  the  Victorian  witness  protection program and allows the  chief

  commissioner to protect witnesses and families who are at high risk of harm.
  Protecting  a  witness and their family can remove a barrier to  that  witness
  coming forward, assisting police and ultimately giving evidence in  a criminal
  prosecution. This bill  will improve the  operation  of the Victorian  witness
  protection program.
  In 1991, Victoria enacted Australia's first Witness Protection Act. Since this
  time, all other Australian jurisdictions  have  followed Victoria's lead. Over
  time, the demands on the  Victorian witness protection  program have increased
  as  police  focus  resources  on  investigating  organised  crime  and  outlaw
  motorcycle  gang  activity.  This  bill  is  the  first step  in  implementing
  outstanding  recommendations  from OPI's  2005 review into  Victoria's witness
  protection program and brings Victoria's act closer in line with  the  acts of
  other Australian jurisdictions.

  Protection  tools  available under  the  act include  change  of identity  and
  relocation. Police cannot  force these sorts  of  measures on  witnesses.  The
  witness needs  to consent  and cooperate.  This is  one of the reasons why the
  chief commissioner can only protect a witness under the act if they enter into
  an MOU  detailing the protection  measures and obligations of  each party. The
  MOU  also  provides  certainty  and  supports the  integrity  of  the  witness
  protection program.
  However, the assessment process prior to  the chief commissioner entering into
  an  MOU with a person  may  take  some  weeks  or  months.  Victoria  Police's
  specialist witness security  unit must gather  all the information required to
  conduct a full risk  assessment and settle the details of the protection to be
  provided. This period of transition  into the program may involve high risk to
  the witness and their family.

  The  proposed  bill  will allow  Victoria  Police to  provide  urgent  interim
  protection measures  during this time ahead  of formal entry into  the witness
  protection program.
  The proposed  bill  will also  improve  the operation  of  Victoria's  witness
  protection program and better align Victoria's act with interstate acts by:
enabling  the  chief commissioner  to  authorise the  use  of  temporary assumed
        identity documents;
formalising in  legislation  the administrative steps and considerations for the
        chief commissioner's decisions to admit and terminate a person from  the
        program;
strengthening the information upon which witness protection decisions are made;

streamlining the review mechanism  under the act.  Affected people will continue
        to have  a  right  to an  internal  review  and external  Supreme  Court
        judicial review of the decision. IBAC  can  still  investigate decisions
        using their complaints powers;
formalising the  ability of the  chief  commissioner to  suspend  protection and
        assistance measures (for example, when  someone  goes  into  custody  or
        overseas);
making  clear  that  witness  protection is  not  a  way  to  avoid  obligations
        associated with  an  original  identity  (for  example,  civil  debts, a
        criminal   record,   parole   obligations   or  sex   offender  register
        requirements);

introducing  further measures to guard  against the disclosure  of identities of
        protected witnesses in court proceedings; and
making other minor and technical amendments.
  Upholding the  criminal law and  maintaining  civil order depends  to  a large
  extent on the  preparedness of witnesses to  assist police and ultimately give
  evidence in criminal trials. We need to encourage witnesses to cooperate  with
  police and protect those who face risks  in doing  so. When  enacted, in 1991,
  Victoria's Witness Protection Act led the way. While these reforms improve the
  existing framework, we need to  ask is there anything more we can do? This  is
  why, over the coming year, the Honourable  Frank Vincent, AO, QC, will conduct
  a broad review  into  the Witness  Protection  Act. This review  will  examine
  outstanding  recommendations  of  OPI's  2005 review of the  Victorian  police
  witness protection program.

  The review represents an opportunity for Victoria to  lead  the  way again and
  ensure  the laws support  this important tool in  the fight against  organised
  crime into the future.
  I commend the bill to the house.
Debate adjourned on motion of Ms KAIROUZ (Kororoit).
Debate adjourned until Wednesday, 26 March.