List of recommendations

Recommendation 1

3.128The committee recommends that the Australian Government should adopt a clear, publicly available definition of wrongful detention and implement a framework which ensures cases of Australians being wrongfully detained overseas are identified, categorised and reported as being cases of wrongful detention.

3.129The definition adopted by the Australian Government should allow for the identification and classification of a wrongful detention case as a case of hostage diplomacy (arbitrary detention for diplomatic leverage).

3.130The definition should also be in alignment with definitions used by key partners, to allow for multilateral action when a citizen from Australia or our partners is wrongfully detained.

Recommendation 2

3.131The committee recommends that the Australian Government should legislate to ensure that agencies have powers, tools and accountabilities to respond to and deter wrongful detention of Australians, including providing greater transparency and reporting on cases of wrongful detention.

Recommendation 3

3.132The committee recommends that the Australian Government’s framework acknowledge the unfortunate reality that some foreign regimes engage in the practice of hostage diplomacy because it has proven to be a successful tactic for securing prisoner swaps or obtaining leverage over the national government. Acknowledgement of this reality is a critical part of designing a framework which reduces the risk of the Australian Government being leveraged in this way, therefore reducing the risk of Australians being wrongfully detained for this purpose.

Recommendation 4

3.133The committee recommends that the Australian Government collect data on the wrongful detention of Australian citizens, which should be regularly reported to the National Security Committee of Cabinet and the Minister for Foreign Affairs, and publicly disclosed in a deidentified manner.

Recommendation 5

3.134The committee recommends that the Australian Government should take steps to increase public awareness in the Australian community about the practice of foreign governments wrongfully detaining citizens for a variety of reasons, including establishing leverage over that citizen’s national government.

Recommendation 6

3.135The committee recommends that the Australian Government should increase the visibility of warnings to Australian travellers intending to visit countries where regimes are known to engage in wrongful detention.

Recommendation 7

4.123The committee recommends that the Australian Government should establish an inter-agency, specialist team led by a Special Envoy for Wrongfully Detained Australians to lead the management of all cases of wrongful or arbitrary detention of Australians.

Recommendation 8

4.124The committee recommends that the newly created Office of the Special Envoy should be resourced with the expertise (and ability to call on external expertise as required) to improve the Australian Government’s ability to provide:

Specialised and dedicated case management of each case of wrongful detention, including dedicated family liaison contacts.

Increased support for the families of Australians wrongfully detained during the period of detention.

Coordination with victims, families and their legal representatives in regard to legal assistance.

A greater level of ongoing support for victims of wrongful detention post-release, including medical support and counselling, and assistance navigating legal and administrative issues created by a wrongful conviction.

Ensure there is a proper process for reintegrating and debriefing an Australian released from wrongful detention and providing ongoing advice as required.

Recommendation 9

4.125The committee recommends that Australians who have been deemed to be wrongfully detained overseas should be supported by the government with a clear acknowledgement that the person’s detention was a wrongful detention, for example, by providing a government issued explanatory letter.

Recommendation 10

4.126 The committee recommends the Australian Government explore options for exempting consular cases from relevant privacy legislation, in order that the Department of Foreign Affairs and Trade is able to legally disclose information to a detainee’s family in a prompt manner, even in circumstances when a detainee is unable to physically sign a privacy waiver form.

Recommendation 11

4.127The committee recommends that the Department of Foreign Affairs and Trade employ specially trained case workers and family liaison officers to engage with detainees and their families. These personnel should be trained in trauma-informed practice and communication and not be subject to diplomatic rotation.

Recommendation 12

5.95The committee recommends that the Australian Government recognise the deterrence of wrongful detention of Australians as a top priority of Australian foreign policy. The government should utilise all the tools available to it to increase this deterrence.

Recommendation 13

5.96The committee recommends that the relevant agencies of Australia’s counter-foreign interference framework acknowledge hostage diplomacy as a serious and egregious form of foreign interference and work closely with the Special Envoy on Wrongfully Detained Australians to counter this foreign interference threat.

Recommendation 14

5.97The committee recommends that where regimes are known to engage in wrongful detention for diplomatic leverage or to secure prisoner exchanges, such as Russia and the Islamic Republic of Iran, the Australian Government should make clear to those regimes that they should expect severe diplomatic consequences and sanctions in response to this behaviour.

Recommendation 15

5.98The committee recommends that the Australian Government should sanction senior officials responsible for the wrongful detention of Australians, including judges responsible for allowing or authorising wrongful detention and imprisonment.

Recommendation 16

5.99The committee recommends that where a foreign regime is currently wrongfully or arbitrarily detaining an Australian, the Australian Government should exercise restraint in its public engagements with representatives of that regime.

Recommendation 17

5.100The committee recommends that the current Department of Foreign Affairs and Trade travel advice that Australian travellers to the People’s Republic of China, Afghanistan, North Korea, the Islamic Republic of Iran, Mali, Myanmar and Russia are at increased risk of arbitrary detention should be reflected in Australia’s bilateral approach to engagement with those countries.

Recommendation 18

5.101The committee recommends that the Australian Government should increase transparency and utilise public attribution wherever possible as a deterrent to regimes which seek to wrongfully detain Australians.