Senate debates

Tuesday, 26 November 2019

Questions without Notice

Australian Capital Territory: Imprisonment of 'Alan Johns'

2:57 pm

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Attorney-General. Minister, can you confirm that a person known to the courts as 'Alan Johns', who is also known as 'Witness J', was secretly imprisoned in the ACT? Under what law was the person known to the courts as 'Alan Johns' charged? With what offence was he charged and in which jurisdiction? Did the Attorney-General or any former Attorney-General sign off on or endorse this prosecution?

2:58 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I will take that question on notice and provide advice to the chamber.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator McKim, a supplementary question?

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

Well, you can take these on notice, too, Minister. When were the charges laid? How did the person known as 'Alan Johns' plead to the charges? What sentence was imposed on the person known to the courts as 'Alan Johns'? If the court was closed, was it closed on the basis of an application by the Commonwealth? How many other people have been charged, tried or imprisoned secretly in Australia in the last 10 years?

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I'll take that question on notice.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator McKim, a final supplementary question?

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

Minister, do you accept that open justice is a fundamental plank of the rule of law? How can a secret charge, trial and conviction happen in a liberal democracy like Australia? What possible circumstances could justify this extreme level of secrecy?

2:59 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

Given I've taken Senator McKim's preceding questions on notice, I'll take that on notice and respond accordingly.