List of Recommendations

Recommendation 1

The Committee supports the Agreement between the Government of Australia and the Government of Ukraine on Cooperation in the Peaceful Uses of Nuclear Energy and recommends that binding treaty action be taken providing the Australian Government undertakes a proper assessment of risks, and develops and maintains a suitable contingency plan for the removal of Australian nuclear material if the material is at risk of a loss of regulatory control.

Recommendation 2

The Committee recommends that the extradition decision maker take into account reports from government and non-government sources regarding the degree to which China’s criminal justice system currently complies with human rights and the rule of law, when making the decision to extradite an individual.

Recommendation 3

The Committee recommends that undertakings to provide a fair and open trial are routinely included in agreements to surrender an individual to China.

Recommendation 4

The Committee recommends that the Attorney-General’s Department supplement its current annual reporting framework for extradition cases with the following information for each case of an Australian national or an Australian permanent resident held in a foreign country:
if a trial has taken place;
if so, the verdict handed down;
if a sentence was imposed, what that sentence was; and
whether an Australian embassy official was able to attend.

Recommendation 5

The Committee recommends that, in the event that a foreign national is extradited to their country of citizenship, the extradition should be made on the understanding that the Australian Government will be informed through its diplomatic representatives of details of the trial, whether a consular official was able to attend, the outcome of any prosecution and, on request, the location and general health of the person while in custody as a result of a conviction.

Recommendation 6

The Committee supports the Treaty on Extradition Between Australia and the People’s Republic of China and, noting the power of the Minister for Justice to refuse extradition under the Extradition Act, recommends that binding treaty action be taken.

 |  Contents  |