Footnotes

[1] Reported in Police raid bikie gang in search of murder probe clues, AAP, 13.7.99

[2] The Australian, 15 June 1999, p.1

[3] The people who Mr Petrelis was due to give evidence against were subsequently acquitted.

[4] Witness Protection, Report by the Parliamentary Joint Committee on the National Crime Authority,  AGPS Canberra, Parliamentary Paper No. 193/88, tabled on 26 May 1988.

[5]     The Act received Royal Assent on 18 October 1994 and commenced on 18 April 1995.  A report on the operations of the Act during the years ending 30 June 1995, 30 June 1996 and 30 June 1997 was tabled on 28 October 1997.  A report on the operations of the Act during the year ending 30 June 1998 was tabled on 8 December 1998. The annual report on the operations of the Act for 1998-99 was signed by Minister for Justice and Customs, Senator the Hon Amanda Vanstone, on 6 December 1999 and tabled in the Senate on 15 February 2000.

[6] Evidence, pp. 1-2.  Mr Lamb has retired since representing the NCA at the Committee's hearing.

[7] AFP, Submission volume, p. 9

[8] From: Witness Protection Act 1994: Report on the Operation of the Act to 30 June 1999, p. 2., tabled in the Senate on 15 February 2000

[9] The Act commenced on 18 April 1995

[10] Witness Protection Act 1995 (NSW)

[11] Witness Protection Act 1996 (SA)

[12] Witness Protection Act 1991 (Victoria)

[13] Witness Protection (Western Australia) Act 1996.

[14] Submission volume, pages 4 and 6

[15] Submission volume, p. 18

[16] This matter is the subject of litigation.

[17]   Witness Protection Act 1994: Report on the Operation of the Act to 30 June 1999, p. 3

[18] Submission volume, p. 17

[19] Australian Federal Police, submission volume, p. 12:  The AFP and the NCA first entered into an MOU in 1985.  Prior to the enactment of the Witness Protection Act 1994, a more detailed MOU was formulated and agreed to on 13 April 1995.  On 3 February 1999, an updated MOU was entered into that addressed finances, applications for inclusion of a witness into the NWPP and cessation of protection and assistance.  Attached to the MOU are a Schedule of Procedures for Financial Adjustment and an estimated Schedule of Agreed Costs.

[20] National Crime Authority, submission volume, p. 17

[21] Australian Federal Police, submission volume, p. 13

[22] Submission volume, p. 4.  See also, Tasmania Police, submission volume, p. 6

[23] Submission volume, p. 18

[24] The Committee's 1988 report, Witness Protection, recommended that the AFP should assume such a role (see Appendix 3).

[25] Evidence, p. 23 per Mr Heggie

[26] WA asks Qld govt to grant Petrelis inquest, AAP, 9.8.2000

[27] Commonwealth Ombudsman, submission volume, p. 28

[28] Evidence, p. 17

[29] Evidence, pp. 4-5

[30] Evidence, p. 5 per Mr Lamb

[31] Evidence, p. 5 per Mr Lamb

[32] After acquittal, Andreotti awaits second judgement, Reuters, 27.9.99

[33] Evidence, p. 6 per Mr Lamb

[34] Evidence, p. 7 per Mr Lamb

[35] Evidence, p. 29 per Mr Heggie

[36] Evidence, p. 35 per Mr Heggie

[37] Evidence, p. 2

[38] Evidence, p.2

[39] Evidence, p. 12

[40] Witness Protection Act 1994, section 5

[41] Evidence, p. 14 per Mr Lamb

[42] Evidence, pp. 10-11

[43] Evidence, p. 11

[44] Evidence, p. 12

[45] Evidence, p. 3

[46] Evidence, p. 12

[47] Evidence, p. 4

[48] Evidence, p. 29 per Mr McGeachie

[49] ibid.

[50] Evidence, p. 22 per Mr Heggie

[51] Submission volume, p. 16

[52] Evidence, pp. 22-23

[53] Evidence, p. 19

[54] ibid.

[55] This issue is discussed in detail in Chapter 3.

[56] Evidence, p. 23 per Mr Heggie

[57] Evidence, p. 13

[58] Evidence, p. 23 per Mr Heggie

[59] Evidence, p. 30

[60] Evidence, p. 30 per Mr McGeachie

[61] Evidence, p. 20

[62] Evidence, p. 20

[63] Evidence, p. 30

[64] West Australian, 10 August 2000

[65] Evidence, p. 20

[66] Submission volume, p. 28

[67] Evidence, p. 17

[68] Evidence, p. 27

[69] Evidence, p. 31

[70]   Submission volume, p. 29

[71] Witness Protection Act 1994 (Cth), section 8(1)

[72] Witness Protection Act 1994 (Cth), section 3:  An approved authority is a Commissioner of a State or Territory Police Service, the Chairperson of the NCA, or an authority or body of the Commonwealth or of a State or Territory authorised to conduct inquiries or investigations into criminal conduct, misconduct or corruption and is gazetted as an approved authority for the purposes of the Act.

[73] Australian Federal Police, submission volume, p. 11

[74] Australian Federal Police, submission volume, p. 12

[75] In its 1994 report entitled The National Crime Authority and James McCartney Anderson, Parliamentary Paper 29/94, at page 92, a predecessor PJC was critical of the failure of the NCA to terminate Anderson's witness protection arrangements earlier than it had, on the basis of his failure to observe the conditions of the protection agreement.  The incidents preceded the passage of the legislative scheme in 1994.

[76] Witness Protection Act 1994: Report on the Operation of the Act to 30 June 1999, p. 4

[77] Witness Protection Act 1991 (Vic), section 3B

[78] Victorian Government, submission volume, p. 41

[79] Evidence, p. 3

[80] Evidence, p. 21 per Mr McLeod

[81] Evidence, p. 23

[82] Evidence, p. 9

[83] Tesoriero Henderson Cotter, submission volume, p. 31

[84] Evidence, p. 9

[85] Evidence, p. 10 per Mr Lamb

[86] ibid.

[87] Evidence, p. 24

[88] ibid.

[89] Submission volume, p. 22

[90] Submission volume, p. 22

[91] (1999) 25 FamLR 36

[92] Submission volume, p. 23

[93] Evidence, p. 18

[94] Submission volume, p. 23

[95] Submission volume, p. 26.

[96] Evidence, p. 24

[97] Evidence, p. 25

[98] Evidence, p. 25

[99] Evidence, p. 26

[100] ibid.

[101] Submission volume, p. 3

[102] Submission volume, p. 38

[103] Evidence, p. 26

[104] Evidence, p. 4

[105] Western Australia Police Commissoner, submission volume, pp. 1-2

[106] South Australia Police Acting Commissioner, submission volume, p. 38

[107]    The Senate Standing Committee for the Scrutiny of Bills did, in fact, criticise aspects of the Bill in Alert Digest 6/94 on related grounds.

[108] National Crime Authority,  submission volume, pp. 20-21

[109] Evidence, p. 33

[110] Evidence, p. 17 per Mr McLeod

[111] Director of Public Prosecutions Victoria, submission volume, p. 8

[112] Evidence, p. 7

[113] Evidence, p. 37. Mr Heggie clarified that he was referring to 'rewards' in a broad sense, not in relation to a formal rewards scheme.

[114] After acquittal, Andreotti awaits second judgement, Reuters, 27.9.99

[115] Evidence, p. 28.  It should be noted that the case preceded the establishment of the NWPP in 1994.

[116] Evidence, p. 9

[117] Evidence, p. 33

[118] In an article in the Sun-Herald  on 23 April 2000 it was reported that Mr Sommerville had used the witness protection scheme to conceal his true identity from a neighbour, Mrs Paula Meredith.  Mrs Meredith submitted to the Committee through her lawyers that a William Sherwood had defrauded her of some $145,000.  While she did not refer to him as Sommerville, the connection can be safely implied. See submission volume, pp. 30-37

[119] Australian Federal Police, submission volume, p. 13

[120] Evidence, p. 14

[121] Victorian Government, submission volume, p. 42

[122] Evidence, pp. 33-34

[123] Evidence, p. 5

[124]    Evidence, p. 6

[125]    Witness Protection, Report by the Parliamentary Joint Committee on the National Crime Authority, AGPS Canberra, Parliamentary Paper No. 193/88, tabled on 26 May 1988.