(c) that compromises or may compromise the security of any staff member of the Unit or any person who has performed a function for or on behalf of the Unit, or the integrity of the Programme, to another person except in the circumstances mentioned in subsection (2). (2) A person referred to in subsection (1) may disclose or communicate information - (a) for the purpose of giving effect to the provisions of this Act; (b) when required to do so by any competent court; or (c) in terms of subsection (3). (3) The Director may, subject to subsection (4), and after consideration of any representations referred to in that subsection, on such conditions as he or she considers fit, disclose or communicate or authorise the disclosure or communication of any information in respect of a protected person - (a) with the consent of - (i) the protected person concerned; or (ii) his or her parent or guardian, if he or she is a minor; (b) if the protected person has previously disclosed or communicated such information or acted in a manner which resulted in such disclosure or communication; (c) if the disclosure or communication - (i) is required for the exercise or protection of any rights; (ii) is required for the purpose of compliance with any law; or (iii) is in the public interest; or (d) in any criminal proceedings, if the disclosure or communication is necessary to establish the guilt or the innocence of a person. (4) Despite subsection (3), the Director may not disclose or communicate any information in respect of a minor referred to in section 39(2) without the prior approval of a judge in chambers. (5) The Director must, before he or she discloses or communicates or authorises the disclosure or communication of any information in respect of a protected person in the circumstances referred to in subsection (3)(b), (c) or (d), take reasonable steps to notify - (a) the protected person; or (b) the parent or guardian of the protected person, if he or she is a minor, in the prescribed manner of the contemplated disclosure or communication and must allow the protected person or, where applicable, his or her parent or guardian, to make written representations to the Director within the prescribed period and in the prescribed manner in relation to any matter regarding such disclosure or communication.
(c) that compromises or may compromise the security of any staff member of the Unit or any person who has performed a function for or on behalf of the Unit, or the integrity of the Programme, to another person except in the circumstances mentioned in subsection (2). (2) A person referred to in subsection (1) may disclose or communicate information - (a) for the purpose of giving effect to the provisions of this Act; (b) when required to do so by any competent court; or (c) in terms of subsection (3). (3) The Director may, subject to subsection (4), and after consideration of any representations referred to in that subsection, on such conditions as he or she considers fit, disclose or communicate or authorise the disclosure or communication of any information in respect of a protected person - (a) with the consent of - (i) the protected person concerned; or (ii) his or her parent or guardian, if he or she is a minor; (b) if the protected person has previously disclosed or communicated such information or acted in a manner which resulted in such disclosure or communication; (c) if the disclosure or communication - (i) is required for the exercise or protection of any rights; (ii) is required for the purpose of compliance with any law; or (iii) is in the public interest; or (d) in any criminal proceedings, if the disclosure or communication is necessary to establish the guilt or the innocence of a person. (4) Despite subsection (3), the Director may not disclose or communicate any information in respect of a minor referred to in section 39(2) without the prior approval of a judge in chambers. (5) The Director must, before he or she discloses or communicates or authorises the disclosure or communication of any information in respect of a protected person in the circumstances referred to in subsection (3)(b), (c) or (d), take reasonable steps to notify - (a) the protected person; or (b) the parent or guardian of the protected person, if he or she is a minor, in the prescribed manner of the contemplated disclosure or communication and must allow the protected person or, where applicable, his or her parent or guardian, to make written representations to the Director within the prescribed period and in the prescribed manner in relation to any matter regarding such disclosure or communication.
Witness%20Protection%20Act%2011%20of%202017.docx