INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 36 Prisoners giving evidence or assisting

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 36

  (1)   This section applies if:

  (a)   a Tribunal makes a request to the Attorney - General for the attendance of a person:

  (i)   at a hearing in a foreign country in connection with a proceeding before the Tribunal; or

  (ii)   in a foreign country to assist an investigation being conducted by the Tribunal; and

  (b)   the person is a federal prisoner, or a State prisoner, who is in Australia (whether or not in custody); and

  (c)   there are reasonable grounds to believe that the prisoner can give evidence relevant to the proceeding or assist the investigation; and

  (d)   the Attorney - General is satisfied that the prisoner has consented to giving evidence or assisting in the foreign country; and

  (e)   the Attorney - General is satisfied that the Tribunal has given, to the extent (if any) required by the Attorney - General, adequate (whether or not unqualified) undertakings in respect of the matters referred to in section   37.

  (2)   Subject to subsection   (4), if the prisoner is being held in custody, the Attorney - General may:

  (a)   if the prisoner is a federal prisoner and is not also a State prisoner - direct that the prisoner be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding or to assist the investigation; and

  (b)   if the prisoner is a federal prisoner and also a State prisoner - direct, subject to the obtaining of any approvals required to be obtained from an authority of the relevant State, that the prisoner be released from prison for the purpose of such travel; and

  (c)   in any case - subject to the making or giving of any necessary directions or approvals relevant to release of the prisoner, make arrangements for such travel in the custody of a police officer, or prison officer, appointed by the Attorney - General for the purpose.

  (3)   Subject to subsection   (4), if the prisoner, having been released from custody on parole, is not being held in custody, the Attorney - General may:

  (a)   if the prisoner is a federal prisoner and is not also a State prisoner:

  (i)   approve the travel of the prisoner to the foreign country to give evidence at the proceeding or to assist the investigation; and

  (ii)   obtain such parole decisions as may be required; and

  (b)   if the prisoner is a federal prisoner and also a State prisoner - subject to the obtaining of any parole decisions required to be obtained from an authority of the relevant State:

  (i)   approve the travel of the prisoner to the foreign country to give evidence at the proceeding or to assist the investigation; and

  (ii)   obtain such parole decisions under a law of the Commonwealth or of a Territory as may be required; and

  (c)   in any case - subject to the obtaining of any necessary parole decisions, make arrangements for the travel of the prisoner to the foreign country.

  (4)   The Attorney - General must not comply with the request if, in his or her opinion:

  (a)   complying with the request would prejudice Australia's sovereignty, security or national interest; or

  (b)   there are special circumstances justifying non - compliance.

  (5)   In this section:

"parole" includes any order or licence to be at large.

"parole decision" means any approval, authority or permission relating to parole, and includes any variation of parole.