National procedures for inclusion in programme – witness protection


Australia - Witness Protection Act 1994 (2012)

10A Inclusion of persons in NWPP at the request of International Criminal Court

(1) If:
(a) the Minister receives a request from the International Criminal Court for the inclusion of a person (the nominated person) in the NWPP; and
(b) the Minister is satisfied that:

(i) the Court has provided all material that is necessary to support the request; and
(ii) it is appropriate to do so in all the circumstances;
the Minister is to refer the request to the Commissioner.

(2) The Commissioner is to consider including the nominated person in the NWPP in the same way as the Commissioner would consider including another person in the NWPP.

(3) The Commissioner may, if he or she thinks it appropriate to do so, seek further information about the nominated person from the Court.

(4) If:

(a) the Commissioner decides that the nominated person is suitable for inclusion in the NWPP; and
(b) the Minister, after considering a report from the Commissioner recommending the inclusion of the person in the NWPP, has decided that it is appropriate in all the circumstances that the person be included in the NWPP; and
(c) the Commissioner has entered into an arrangement with the Court for the purpose of making services under the NWPP available to the Court; and
(d) if the person is not an Australian citizen—the nominated person has been granted a visa for entry to Australia;
the Commissioner is to include the nominated person in the NWPP.

(5) An arrangement referred to in paragraph (4)(c) must include procedures under which the Court pays the costs associated with providing protection for the nominated person and any associated persons, including:

(a) the costs of travel by those persons and the costs of associated travel by members; and
(b) any costs that will be incurred if protection and assistance under the NWPP to the nominated person is terminated; and
(c) such other costs as the Commissioner determines.

(6) In this section:
International Criminal Court has the same meaning as in the International Criminal Court Act 2002.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(j) The protection of victims and witnesses and the preservation of evidence;