Frequently asked questions - mutual assistance
1) Why won’t the Government confirm whether it has made a mutual assistance request?
Requests for mutual assistance are made in the course of ongoing law enforcement operations. Outgoing mutual assistance requests are confidential, as disclosure of information about a mutual assistance request could jeopardise a law enforcement operation and defeat the purpose of the mutual assistance process.
2) Why won’t the Government confirm whether it has received a mutual assistance request?
Under the Mutual Assistance in Criminal Matters Act 1987 (Mutual Assistance Act), it is an offence to disclose the fact that Australia has received a request for mutual assistance, the contents of a request or that a request for assistance was granted or refused unless authorised by the Attorney-General or the Minister for Justice (the Minister).
3) Why won’t the Government comment on individual mutual assistance cases?
Requests for mutual assistance are made in the course of ongoing law enforcement operations and disclosure of information about an individual mutual assistance case could jeopardise a law enforcement operation and defeat the purpose of the mutual assistance process.
4) Who makes mutual assistance decisions? Is it the Attorney-General or the Minister for Justice?
The Mutual Assistance Act provides that the Attorney-General is responsible for mutual assistance decisions. However, the Attorney-General and the Minister share the responsibilities of the Attorney-General's portfolio.
The Minister has primary responsibility for mutual assistance. Section 19A of the Acts Interpretation Act 1901 allows the Minister to exercise the Attorney-General’s power under the Mutual Assistance Act.
5) Does Australia need a treaty with a country to make a mutual assistance request to a foreign country?
Australia can make a mutual assistance request to any country. The process is assisted by bilateral mutual assistance treaties and multilateral international conventions to which Australia is signatory. The treaties and conventions are mostly enacted as regulations to the Mutual Assistance Act.
If there are no treaties or arrangements in place between Australia and the country to which Australia wants to make a request for mutual assistance, a request may still be made. Whether the country receiving Australia’s request will act on it will depend on that country’s domestic laws. One of the issues the other country will look at is whether Australia would provide the same kind of reciprocal assistance.
6) Does Australia need a treaty with a country to receive a mutual assistance request from a foreign country?
No. Australia can receive a mutual assistance request from any country. However, there are mandatory and discretionary grounds for refusing a request for mutual assistance. These grounds are outlined in the Fact Sheet What is mutual assistance?
7) With which countries does Australia have mutual assistance relationships and treaties?
The mutual assistance process is assisted by bilateral mutual assistance treaties and multilateral conventions to which Australia is signatory. The treaties and conventions are mostly enacted as regulations to the Mutual Assistance Act. See extradition and mutual assistance relationships with other countries.
8) How long does it take to complete the mutual assistance process?
The Attorney-General's Department liaises with the central authority in the other country about the progress of mutual assistance requests.
The timeframe for completing mutual assistance requests varies dependening on the type of assistance requested, as well as the laws and processes for mutual assistance in the other country and any treaty requirements.
The timeframe can vary from a few days or weeks in very urgent or less complex cases to several months or years in cases which require the collection of extensive material, or which relate to complex investigations.