18 Termination of inclusion in NWPP and other protection and assistance

Termination of inclusion in NWPP

(1) A participant’s inclusion in the NWPP:

(a) must be terminated by the Commissioner if the participant requests in writing that it be terminated; or
(b) may be terminated by a Deputy Commissioner if:

(i) the participant deliberately breaches a term of the memorandum of understanding; or
(ii) the Deputy Commissioner discovers that the participant had knowingly given information to the Commissioner that is false or misleading in a material particular; or
(iii) the participant’s conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to compromise the integrity of the NWPP; or
(iv) the circumstances that gave rise to the need for the participant’s inclusion in the NWPP cease to exist; or
(v) the participant deliberately breaches an undertaking, including an undertaking to give evidence, given to the Commonwealth, a State or Territory in relation to a matter relevant to the NWPP; or
(vi) the participant refuses or fails to sign a new memorandum of understanding when required to do so under subsection 8(5); or
(vii) there is, in the opinion of the Deputy Commissioner, no reasonable justification for the participant to remain included in the NWPP;
and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the participant’s inclusion in the NWPP should be terminated.

(2) If a Deputy Commissioner makes a decision under paragraph (1)(b) that a participant’s inclusion in the NWPP be terminated (the termination decision), the Deputy Commissioner must:
(a) take reasonable steps to notify the participant of the decision;
and
(b) notify the relevant approved authority of the decision.

Termination of protection and assistance to former participants etc.

(2A) Protection and assistance provided under subsection 13(5) to a person (including a former participant):
(a) must be terminated by the Commissioner if the person requests in writing that it be terminated; or
(b) may be terminated by a Deputy Commissioner if:

(i) the Deputy Commissioner discovers that the person had knowingly given information to the Commissioner that is false or misleading in a material particular; or
(ii) the person’s conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to
compromise the integrity of the NWPP; or
(iii) the circumstances that gave rise to the need for protection and assistance for the person cease to exist;
or
(iv) the person deliberately breaches an undertaking given to the Commonwealth, a State or a Territory that is relevant to the provision of that protection and assistance; or
(v) there is, in the opinion of the Deputy Commissioner, no reasonable justification for protection and assistance to continue to be provided to the person;

and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the protection and assistance should be terminated.

(2B) If a Deputy Commissioner makes a decision under paragraph (2A)(b) that protection and assistance provided to a person be terminated (the termination decision), the Deputy Commissioner must take reasonable steps to notify the person of the decision.

Review
(3) A person who receives notification of a termination decision may, within 28 days after receiving the notice, apply in writing to the Commissioner for a review of the decision of the Deputy Commissioner.

(4) If an application is made, the Commissioner:

(a) must review the decision of the Deputy Commissioner, and confirm, reverse or vary it; and
(b) before making that decision, must give the person a reasonable opportunity to state his or her case; and
(c) after making that decision, must inform the person in writing of the decision.

When termination decisions take effect
(5) A termination decision that relates to a person:

(a) if:

(i) the person’s whereabouts are not known; and
(ii) the Deputy Commissioner has taken reasonable steps to notify the person of the decision but has been unable to do so;
takes effect at the end of the period of 28 days after those steps were commenced; or

(b) if the person does not apply for a review of the decision in accordance with subsection (3)—takes effect at the end of the period of 28 days after the person receives the notification; or

(c) if the person applies for a review of the decision in accordance with subsection (3) and the Commissioner notifies the person that he or she has reversed the decision—
has no effect; or

(d) if the person applies for a review of the decision in accordance with subsection (3) and the Commissioner notifies the person that he or she has confirmed the decision—takes effect when the Commissioner notifies the person of the decision on the review; or

(e) if the person applies for a review of the decision in accordance with subsection (3) and the Commissioner notifies the person that he or she has varied the decision—
takes effect on the day specified by the Commissioner.

Notification of Immigration Secretary
(6) If:

(a) a Deputy Commissioner makes a termination decision in relation to a person; and

(b) the person was at any time a participant under section 10 or 10A;

the Commissioner must give the Immigration Secretary, or an officer nominated by that Secretary, written notice of that decision.

(7) In this section:

participant does not include a former participant.