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Director of Public Prosecutions

28. Mutual Assistance Requests

28.1  General

Mutual assistance is the formal process countries use to provide assistance to each other in investigating and prosecuting crimes, and to recover the proceeds of crime. It relies on a network of international relations and obligations, treaties and agreements, together with the willingness of participating countries to assist each other in the investigation and prosecution of criminal matters. Countries provide assistance on the understanding that they will receive similar assistance in return, if requested.

The mutual assistance regime in Australia is governed by the Mutual Assistance in Criminal Matters Act 1987 (Cth). The International Crime Cooperation Central Authority (ICCCA), which is a part of the Attorney General’s Department, is responsible for mutual assistance matters in Australia.

The formal mutual assistance regime runs parallel with a less formal system of international cooperation between investigating agencies. The formal mutual assistance channel is commonly used when a request for assistance is to seek material in a form that may be admissible in criminal proceedings.

The main types of assistance provided under the mutual assistance regime which apply to the ODPP are:

  • facilitating the taking of evidence from overseas witnesses for Australian prosecutions
  • facilitating the travel of non-Australian citizens to Australia to give evidence in a criminal prosecution
  • providing evidence to Australian authorities, such as documentary evidence from companies based overseas
  • executing search warrants and notices to produce material and
  • locating, restraining and recovering proceeds of crime.

Unless there is a specific alternative arrangement with a country (for example New Zealand, via the Trans-Tasman Proceedings Act 2010 (Cth)), a mutual assistance request will likely be required in any criminal matter where it is proposed that a person who is not an Australian citizen travel to Australia from overseas for the purpose of giving evidence, or where any witness is to give evidence from overseas via a video link.

This applies to all witnesses, regardless of whether they are called by the State or the defence.

28.2  Timeframes for requests

It often takes many months for the consideration and provision of assistance pursuant to a MAR after a request has been sent. These timeframes are a matter for authorities in the foreign country and are beyond the control of the DPP or the Australian Government.

28.3  Early identification of need for MAR

Due to the extended timeframes often associated with mutual assistance requests, and the possibility for outstanding requests to delay trial proceedings, it is important that any requirement for a mutual assistance request is identified early in proceedings.

Tasmania Police should notify the Office, and Crown Counsel should notify their Supervisor, if they become aware at any stage that any of the key witnesses

  • are foreign citizens who are no longer in Australia, or are intending to leave Australia prior to the commencement of the trial, or
  • are Australian citizens who will not be in Australia at the time of the trial

28.4  Confidentiality of the MAR

The mutual assistance process is confidential. Section 43C of the Mutual Assistance in Criminal Matters Act 1987 (Cth) states

  • A person who, because of his or her office or employment, has knowledge of:
    • (a) the contents of a request for international assistance made by a foreign country to Australia under this Act; or
    • (b) the fact that such a request has been made; or
    • (c) the fact that such a request has been granted or refused;
  • must not intentionally disclose those contents or that fact except if:
    • (d) it is necessary to do so in the performance of his or her duties; or
    • (e) the Attorney‑General has given his or her approval to the disclosure of those contents or that fact.
  • Penalty: Imprisonment for 2 years.
  • Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is the maximum penalty for any offence under this section. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

The ICCCA currently advises that the specifics of a mutual assistance request, or the fact that one has been made, should not be disclosed for any purpose, including to the court, without ICCCA’s prior consultation.

Last updated: 10 July 2026

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