Diplomatic Immunity Summary Flashcards
In Australia, who has diplomatic privileges and immunity?
Members of
- Foreign diplomatic missions,
- Consular posts,
- Certain international organisations
They are accorded certain rights, privileges and immunities by law.
Are the diplomatic privileges and immunities a blanket authority to disregard the law?
NO
Are there different levels of diplomatic privilege and immunity?
YES - they vary according with i the status of the representative.
How is diplomatic immunity established?
Diplomatic privileges and immunities are evidenced by a colour coded identification card issued to accredited foreign officials by DFAT.
What do you do if a person claims immunity, but cannot produce their DFAT issued identification card?
They can be asked to attend the nearest police station (does not constitute arrest or detention). And identity may be established through the relevant mission, consulate or DFAT.
A diplomatic immunity may include a personal Inviolability. It precludes their arrest or detention.
What criteria is required for their arrest or detention?
They may be arrested or detained, but only pursuant to a decision by a competent judicial authority with relation to a Grave Crime; punishable by 5 years or more.
At the time of arrest the persons agency must be notified. DFAT must also be notified.
Should accredited diplomatic vehicles be stopped?
For the purpose of traffic violations or breath screening they may be stopped.
A head of mission vehicle (with national flags) cannot be stopped unless it has breached the law.
They cannot be arrest for failing or refusing to submit to a breath screening - but can be summonsed to appear at court.
Regardless of immunity a police officer is under no obligation to allow them to drive if there is a threat to public safety.
Regarding diplomatic immunity; Inviolability of premises means what?
Police officers should not go in; unless with the express permission of the head of the mission, post or consulate concerned. Except in the case if emergencies requiring prompt action.
Their official documents are inviolable and must not be interfered with.
