| 1 |
This document has been prepared by the Marine Area Command for use by authorised persons, agencies and/or organisations only. Unauthorised possession,
storage, use, viewing, duplication or distribution of this document and/or any of its
contents, by any means whatsoever, is strictly prohibited. |
| 2 |
The contents of this document must not to be disseminated, reproduced or referred to, either wholly or in part, by a third party without the prior express permission of the Commander, Marine Area Command. The copyright of this document remains at all times with the NSW Police Commissioner, via the Commander, Marine Area Command, and ownership ofthis document and/or any of its contents is not relinquished by its release to a third party. Ifthis document, and/or or its contents, appears likely at any time to become the subject of a subpoena or Freedom of Information action, the Commander, Marine Area Command is to be advised immediately. |
| 3 |
This document has been prepared based on intelligence information available at the time of publication. It may contain unconfirmed intelligence and/or other
information. The onus is on each individual to thoroughly assess the validity of any information presented prior to acting upon it. |
| 4 |
If you cannot abide by the above conditions you are not to accept this document, nor read or use any of its contents. You are to return this document, and any copies, to the NSWPOL Marine Area Command as soon as possible. |
This agreement is made on the day of 2009 and the following Australian law enforcement agencies agree to this Protocal:
| 1 |
Purpose |
| 1.1 |
The parties have determined the need to document the following agreement between them for the purpose of better responding to reports of crimes at sea. |
| 2 |
Objective |
| 2.1 |
This Protocol aims to ensure:
| 2.1.1 |
an appropriate police response to crimes at sea reported to Australian law
enforcement agencies who are participants in this agreement. |
| 2.1.2 |
that the rights and needs of victims and perpetrators of crimes at sea are protected |
| 2.1.3 |
that evidence is obtained and or secured at the earliest opportunity in accordance
with guidelines and policies of the jurisdiction investigating the crime, |
| 2.1.4 |
that where appropriate, prosecutions are commenced in accordance with existing
laws and agreements/protocols. |
| 2.1.5 |
a cooperative approach to the commencement of an investigation by the police
jurisdiction receiving the report if it is required. |
|
| 3 |
Application |
| 3.1 |
Thw parties expressly acknowledge that this agreement is not a substitute for, and cannot override any provision in International or Australian law that is inconsistent with this
agreement. |
| 3.2 |
The parties acknowledge the Intergovernmental Agreement-: Crimes At Sea as referred to in the Crimes at Sea Act 2000 (Cth) Schedule 1, Part 3, Clause 5. (See Schedule 1 to this
agreement) The parties accept that this protocol operates in conjunction with the
Intergovernmental Agreement - Crimes At Sea |
| 3.3 |
This Protocol applies to criminal acts committed on vessels at sea which are:
| 3.3.1 |
reported to Australian law enforcement agencies, and |
| 3.3.2 |
subject to any law of the Commonwealth or any State or Territory. |
|
| 4 |
Primary Responsibilities |
| 4.1 |
It is agreed that:
| 4.1.1 |
when a crime at sea is reported to one of the parties, the party receiving the report will commence an investigation as soon as practicable, |
| 4.1.2 |
consideration of the most appropriate jurisdiction for further investigation and prosecution will be undertaken after the investigation has commenced. This
consideration should not in any way impede or delay any investigation. |
|
| 4.2 |
In the event that a crime occurs at sea and is reported to one of the parties, that party agrees
to follow their organisational policies and procedures for:
| 4.2.1 |
receiving reports of crime |
4.2.2 |
investigation of crimes |
| 4.2.3 |
management of victims, witnesses and offenders |
| 4.2.4 |
seizure and security of physical evidence, |
| 4.2.5 |
referral to, or liaison with other jurisdictions where appropriate, and |
| 4.2.6 |
commencement oflegal proceedings where jurisdiction is established. |
|
| 4.3 |
Consideration should also be given to:
| 4.3.1 |
victim care and support |
| 4.3.2 |
appropriate management of offenders |
| 4.3.3 |
gathering and dissemination of intelligence |
| 4.3.4 |
appropriate use of resources |
| 4.3.5 |
compliance with-clearance processes by relevant borde:r; agencies |
| 4.3.6 |
adherence to standing media policy. |
|
| 4.4 |
Due to the sometimes complicated nature of jurisdictional law arising from crimes occurring
at sea, legal support and advice should be sought at an early stage of the investigation and
maintained throughout. |
| 5 |
Undertaking to assist other parties |
| 5.1 |
All parties to this Protocol agree to:
| 5.1.1 |
assist other parties in their investigations when requested and appropriate, |
| 5.1.2 |
engage with other jurisdictions in determining which party should have the
responsibility for continuing the investigation of the matter. |
|
| 5.2 |
Each party will nominate a principal point of contact in respect of this agreement. (See
Schedule 2 to this agreement) |
| 6 |
Promotion of this Protocol |
| 6.1 |
It is agreed that:
| 6.1.1 |
each party will promote this Protocol within their own agency |
| 6.1.2 |
the Commissioner of each party will highly recommend to the cruise industry, national shipping industry, shipping agents and other industries that conduct their
business at sea that they develop, and implement, complementary protocols about
the reporting of crimes at sea to Australian law enforcement agencies. |
|
| 7 |
Review |
| 7.1 |
This Protocol after being implement will be reviewed after twelve months. |