Senate debates Questions without Notice

Australian Capital Territory: Imprisonment of 'Alan Johns'


Nick McKim

Nick McKim Tasmania, Australian Greens

2:57 pm

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?

Marise Payne

Marise Payne NSW, Liberal Party, Minister for Foreign Affairs

2:58 pm

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

Scott Ryan

Scott Ryan President

Senator McKim, a supplementary question?

Nick McKim

Nick McKim Tasmania, Australian Greens

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?

Marise Payne

Marise Payne NSW, Liberal Party, Minister for Foreign Affairs

I'll take that question on notice.

Scott Ryan

Scott Ryan President

Senator McKim, a final supplementary question?

Nick McKim

Nick McKim Tasmania, Australian Greens

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?

Marise Payne

Marise Payne NSW, Liberal Party, Minister for Foreign Affairs

2:59 pm

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