A legal loophole allowing criminals awaiting trial the ability to request they be deported to their home country needs to be closed, according to the nation's most senior law officers.
The Commonwealth, state and territory attorneys-general met in Perth on Friday for the Council of Attorneys-General (CAG) to discuss a variety of issues facing the nation's legal sector, including the concerning new interpretation of the Migration Act by the Home Affairs Department.
Late last month, the directors of public prosecutions of every state and territory in the country put their concerns in a letter to the secretary of the department.
They were worried efforts to prosecute alleged offenders could be easily thwarted, and argued advice from Home Affairs on how it would interpret the law in April had been revised in October.
"A non-citizen could circumvent the administration of criminal justice — at any stage of that process — simply by requesting their removal," the letter seen by the ABC read.
"Non-citizens could travel to Australia for the specific purpose of committing criminal offences, knowing that they would effectively be rendered immune from prosecution and the consequences of conviction by making a request for removal.
"Clearly, this has the potential to cause significant distress to victims of serious violent and/or sexual offences, as well as grave concern to members of the broader community."
Attorneys-general unanimously agreed.
"Participants agreed that the Department of Home Affairs should consult with states and territories at ministerial level on solutions to the issue that has arisen with respect to criminal justice stay certificates, with a view to effecting a legislative or administrative change as a matter of urgency," the communique issued after the meeting stated.
Western Australia's Attorney-General, John Quigley, said the law as it stands could promote "crime tourism", and said his federal counterpart Christian Porter promised to take the issue up in Canberra.
"He appreciated at once the very serious situation that's arisen by reason of this, and agreed to undertake, on an urgent basis, the preparation of amendments," Mr Quigley said after the meeting.
He argued the loophole could also extend to key witnesses in criminal prosecutions, who may wish to flee the country.
