smartraveller.gov.au - Department of Foreign Affairs and Trade
It's a must see destination.
It's a must see destination.
10. Before departing Australia check whether you are regarded as a national of the country you intend to visit. Research whether holding dual nationality has any implications for your travel.
Approximately 750 Australians are arrested overseas each year. For Australians arrested overseas, operating within unfamiliar legal systems and procedures can be distressing and frightening.
Australian consular officers provide a range of assistance to Australians detained overseas to help ensure their welfare is protected, and that they are subject to a fair judicial process according to local legal procedures. This may include visiting the person regularly in detention, providing general information about the country's legal system and local prison system, offering a list of local English-speaking lawyers, helping them to contact their family, and attending their trial as an observer (if approved by the local authorities).
Consular officers can approach local authorities to request that an Australian detainee's basic needs are met and that humanitarian standards of treatment are respected. However, they cannot organise better treatment for an Australian than that provided to the host country's own citizens.
Local laws and legal processes overseas can be very different to those in Australia and harsh penalties may apply (for example the death penalty for some drug offences). The Australian Government cannot intervene in another country's legal system or seek to impose Australian standards on the judicial process of that country. Australians would not tolerate foreign government intervention in our legal processes, and we cannot expect a different standard to apply in other countries.
Australian missions overseas do not have Australian lawyers to assist Australians who are arrested, detained or jailed overseas. It is the responsibility of each individual to organise their own legal representation. The mission can however provide Australians with a list of local lawyers with relevant experience and qualifications. Locally-trained lawyers, who are familiar with the laws and legal processes of the country, are best-placed to provide assistance.
The Australian Government as a general rule does not pay legal fees for arrested, detained or jailed Australians. A consular officer can however make arrangements for an individual's family or friends to pay for lawyers.
Consular officers can also inform arrested Australians about how to apply to the Commonwealth Attorney-General's Department under the Special Circumstances (Overseas) Scheme for financial assistance to cover overseas legal costs and related expenses. Assistance under this Scheme is provided only in the most exceptional circumstances and it is not intended to be used for hiring a private lawyer in place of a court-appointed lawyer or public defender.
Further information on consular assistance provided to Australians arrested and jailed overseas is available from: