Provision of information to competent authorities – witness protection


Australia - Witness Protection Act 1994 (2012)

20 Provision of information to approved authorities

If: (a) a participant has been provided with a new identity or has been relocated under the NWPP; and

(b) an approved authority or a member notifies the Commissioner that the participant is under investigation for, or has been arrested for or charged with, an offence against a law of the Commonwealth or of a State or Territory the maximum penalty for which is or includes imprisonment for a period of more than one year;

the Commissioner may:
(c) release to the approved authority or the member the current NWPP identity or current location of the participant; and

(d) provide the approved authority or the member with the criminal record of the participant and the participant’s fingerprints; and

(e) release to the approved authority or the member such other information relating to the NWPP as the Commissioner considers appropriate in the circumstances; and

(f) if the Commissioner considers it appropriate to do so in the circumstances—allow officers of the approved authority or the member to interview the Commissioner, a Deputy Commissioner, AFP employees or special members of the Australian Federal Police in relation to the participant.

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;