Australian Government contact:
Department of Foreign Affairs and Trade (DFAT)
Consular Operations
R.G. Casey Building
John McEwen Crescent
Barton, ACT 0221 Australia
Tel: +61 2 6261 1111
Fax: +61 2 6261 3111
Consular Duty Officer Tel: +61 2 6261 3305 or 1300 555 135 toll free (within Australia)
The Australian Department of Foreign Affairs and Trade [DFAT] has established contact and their consular officers are continuing to provide regular consular assistance and visits to Mr. Sutton.
An Australian citizen, or any other person in a foreign country, is responsible to that country for any act that they commit on its territory. That country’s laws therefore, bind an Australian citizen in the same manner and to the same extent as a resident of the country. In broad terms, when an Australian is detained overseas the Department of Foreign Affairs and Trade [DFAT] is responsible:
(a) to ensure so far as it is possible that the person receives the benefit of the same laws, administration, protection of rights and means of redress for injuries which a foreign country affords its own citizens (provided these conditions are met, there are normally no grounds for complaint or representation by the Australian Government on behalf of the person who has been detained for an alleged offence);
(b) to do everything possible to see the person has access to available facilities and to see that physical needs are met;
(c) to provide consular assistance to the person detained and their family in Australia.
More specifically, DFAT consular officers overseas visit Australians as soon as possible after learning of their detention. Subject to the person’s wishes, Consuls will:
(a) assist them to arrange legal representation by providing a list of local English-speaking lawyers and advice on the availability or otherwise of legal aid or a public defender;
(b) liaise with authorities about any problems which the detained person may have;
(c) arrange for notification of next of kin unless the person does not want anyone informed;
(d) attend court hearings and trials if possible;
(e) relay requests for financial assistance to families or nominated persons;
(f) advise on the transfer of funds from Australia as required;
(g) visit the person to monitor their physical and mental wellbeing and general welfare (it is however the person’s responsibility to keep family or contacts informed of their needs and situation if they are permitted to correspond or make telephone calls);
(h) report on person’s welfare and legal proceedings; and
(i) provide moral support to the person.
There are of course limits imposed by international and local law and by Australian Government policy on the lengths to which consular officers can go in assisting Australian citizens arrested or detained overseas. They cannot, for example, seek to intervene in the judicial systems of other countries; nor can they take responsibility for the honesty, competence or payment of any legal representatives engaged by the person or family. In addition, consular officers cannot arrange or pay for interpreters.
