Australia can cooperate with other Commonwealth countries under the Harare Scheme relating to mutual assistance in criminal matters. This is a non binding arrangement, which aims to increase the level and scope of assistance rendered between Commonwealth Governments in criminal matters. It augments existing forms of co-operation, both formal and informal.
Harare Scheme Mutual Legal Assistance Criminal Matters
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The regional training included a four week web - based module and five days onsite training. It covered topics such as international cooperation, mutual legal assistance, cybercrime, extradition, anti- money laundering, asset recovery, and forfeiture and victim protection.
The Extradition and Mutual Legal Assistance Handbook is the new edition of the previously entitled Extradition Law Handbook. It is a comprehensive guide to extradition under the Extradition Act 2003 and to mutual legal assistance.
This new edition has been expanded to provide full coverage of mutual legal assistance, reflecting the growing importance of this area of law, and the overlap between these powers and extradition. It provides guidance on the relevant statutes and international agreements relating to mutual legal assistance, as well as to the relevant case-law.
The government, in partnership with an international organization and other stakeholders, adopted and launched a National Referral Mechanism (NRM), which outlined standard operating procedures in the identification, referral, and assistance of trafficking victims. The Anti-Trafficking Inter-Ministerial Committee (ATIMC) drafted and adopted implementing regulations, which gave legal force to key procedures set out in the NRM, empowered provincial operational task teams, and defined clear roles and responsibilities for front-line responders. During the reporting period, the technical steering committee on the protections of victims of trafficking, led by the Ministry of Public Service, Labor, and Social Welfare (MPSLSW), did not meet. The MPSLSW had a system whereby each potential trafficking case reported was handled jointly by an NGO and a Department of Social Welfare caseworker. The government encouraged victims to cooperate in the investigation and prosecution of trafficking cases. The government implemented a comprehensive system for victim-witnesses, which included police units, courts, health services, and a referral system that were more victim-centered. Courts had a separate room for victims to testify separately from their alleged perpetrators, and victims could choose to testify via video; however, observers reported not every court had access to the necessary equipment, especially in rural areas, and the government did not report whether any victims utilized these services during the reporting period. The government trained prosecutors, probation officers, and magistrates to treat victims sensitively, handle cases quickly, and refer victims to post-trial support services. In addition, the government trained health service providers to collect evidence for criminal investigations, prepare medical affidavits, and offer immediate and long-term psycho-social support and health care. The government did not have legal alternatives to removal to countries in which victims would face retribution or hardship; however, the government did not identify any foreign victims during the reporting period.
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