National Security (Internment Camps) Regulations (Cth)

STATUTORY RULES.

1941. No. 7.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this Twenty-third day of January, 1941.

Governor-General.

By His Excellency’s Command,

(Sgd.) A. Fadden

 

Acting Minister of State for Defence Co-ordination.

 

National Security (Internment Camps) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Internment Camps) Regulations.

Repeal.

2.—(1.) The National Security (Internment Camps) Regulations (Statutory Rules 1940, No. 170) are hereby repealed.

(2.) All internment camps established in pursuance of the Regulations repealed by these Regulations, and all places appointed as internment camps in pursuance of those Regulations or as places of detention in pursuance of the National Security (Aliens Control) Regulations, shall be deemed to be internment camps for the purposes of these Regulations.

(3.) All Camp Commandants or other officers or employees appointed or engaged in connexion with any such internment camp or place shall be deemed to have been appointed or engaged in pursuance of these Regulations.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“internee” means a person detained in pursuance of any instrument made or issued under any regulation made in pursuance of the Act, but does not include a prisoner of war within the meaning of the Prisoners of War Convention;

“internees’ representative” means an internees’ representative appointed in pursuance of regulation 13 of these Regulations;

“internment camp” means an internment camp established in pursuance of, or deemed to be an internment camp for the purposes of, these Regulations;

“Internment Camp Orders” means internment Camp Orders made by the Adjutant-General in pursuance of regulation 7 of these Regulations;

  

* Notified in the Commonwealth Gazette on 29 January, 1940.

“money” means money which is legal tender in Australia or in the United Kingdom, but does not include foreign money;

“officer” and “solder” have the same meaning as in the Defence Act 1903-1939;

“Prisoners of War Convention” means the International Convention relative to the treatment of Prisoners of War, signed at Geneva on the twenty-seventh day of July, 1929;

“protecting Power” means the Power charged with the protection of the interests of an enemy country in Australia;

“the Act” means the National Security Act 1939-1940, and, if that Act is amended after the commencement of these Regulations, includes that Act as so amended;

“the Camp Commandant”, in relation to an internment camp, means the Camp Commandant of the camp, and includes any officer for the time being performing the duties of the Camp Commandant;

“the Camp Rules”, in relation to an internment camp, means the rules made by the Camp Commandant in pursuance of regulation 8 of these Regulations and for the time being in force;

“the Minister” means the Minister of State for the Army.

Establishment of internment camps.

4.—(1.) The Minister may establish such internment camps as he considers necessary for the custody of internees.

(2.) The accommodation provided for internees at internment camps shall be in accordance with the requirements of the Prisoners of War Convention, and all precautions shall be taken against the danger of fire.

Places at which internees may be detained.

5.—(1.) A person ordered to be detained by any instrument made or issued under any regulation made in pursuance of the Act may be detained at any internment camp.

(2.) A person referred to in the last preceding sub-regulation may be detained at a military barracks or police station or such other place as the Minister directs—

(a) during the period within which he is proceeding to an internment camp; or

(b) if he is entitled to apply for leave to make objection against an order directing his detention, during the period within which he is entitled to make the application and pending the determination of the question of the grant of leave and (if leave is granted) of the objection; or

(c) if he is transferred from one internment camp to another internment camp, during the period within which he is proceeding to the camp to which he is transferred; or

(d) if it is necessary for him to leave an internment camp for the purpose of obtaining medical attention.

(3.) In time of emergency the Camp Commandant of an internment camp may, if he considers it necessary for the safe custody of the internees, direct that they shall be removed to, and detained at, some other place, and the internees may be removed and detained accordingly, and that place shall be deemed to be an internment camp for the purposes of these Regulations.

Control and management of internment camps.

6.—(1.) The Military Board shall exercise general control over internment camps, and shall make provision for the appointment of a Commanding Officer of each internment camp, to be known as the Camp Commandant, for such officers and soldiers to be detailed for duty at the camp as, in the opinion of the Board, are necessary for the safe custody of the internees, for the maintenance of discipline in the camp, and for its proper administration.

(2.) Internees may be required to perform any work in connexion with the administration, internal arrangement and maintenance of internment camps.

(3.) Subject to the directions of the Military Board, the Camp Commandant of each internment camp shall engage such civilian employees as are necessary for carrying out any work in connexion with the camp which cannot be carried out by the internees.

(4.) The rates of pay and conditions of employment of civilian employees in an internment camp shall be such as the Minister, from time to time, determines.

Internment camp orders.

7. Subject to these Regulations and any directions of the Military Board, the Adjutant-General may, from time to time, make orders, to be known as Internment Camp Orders, in relation to the management, inspection and internal economy of internment camps. Such orders shall make provision concerning the property (including money) which may be retained in his possession by an internee, and may impose conditions and restrictions in relation to the letters, post-cards, printed matter and parcels which may be received or despatched by internees.

Power of Camp Commandant to make Rules.

8. The Camp Commandant of an internment camp shall have charge of the camp, and, subject to these Regulations, to the Internment Camp Orders, and to such instructions as are from time to time issued to him by the Military Board, may make such Camp Rules as he considers necessary for the proper management of the camp and for the enforcement of discipline in the camp.

Official Visitors.

9.—(1.) The Minister may appoint in respect of each internment camp one or more persons, to be known as Official Visitors, who shall visit the camp periodically.

(2.) An internee may submit petitions or complaints to an Official Visitor regarding the treatment received by him at the camp and the conditions of his internment.

(3.) The Camp Commandant shall take all necessary steps to ensure that facilities are available to every Official Visitor to carry out his functions.

(4.) An Official Visitor shall, from time to time, submit reports to the Military Board in relation to the camp which he is required to visit and to petitions or complaints made to him by internees, and shall forward a copy of each report to the Commandant of the Military District in which the camp is situated.

(5.) Copies of all reports received by the Military Board from Official Visitors shall be forwarded by the Board to the Minister for his information.

(6.) An internee shall not be liable to be punished for submitting a petition or complaint with regard to the conditions of his internment even though the petition or complaint is found to be groundless.

Treatment of internees.

10.—(1.) Internees shall at all times be treated humanely and protected against acts of violence and insults and from public curiosity.

(2.) Women internees shall be treated with the respect due to their sex and no woman shall be searched except by a woman.

Petitions and complaints.

11.—(1.) Internees shall be allowed to bring to the notice of the Camp Commandant petitions concerning the conditions of their internment.

(2.) Enemy alien internees shall be allowed to communicate with the representatives of the protecting Powers in order to draw their attention to the points on which they have complaints to make with regard to the conditions of their internment.

(3.) Such petitions and complaints shall be transmitted without delay, and the internees shall not be liable to punishment if they are found to be groundless.

Representative of protecting Power may visit camps.

12. Upon the request of the representative of a protecting Power or his recognized delegate, the Camp Commandant of an internment camp shall permit him to visit the camp and to converse with any internee who desires to speak to him, either personally or through the intermediary of an interpreter.

Internees’ representative.

13.—(1.) The internees at an internment camp may select one or more internees (as directed by the Commandant) for appointment by the Camp Commandant as their representative or representatives.

(2.) If the Camp Commandant considers any internee so selected a suitable person to act as internees’ representative, he shall appoint him accordingly, and the Camp Commandant may at any time terminate the appointment of an internees’ representative and require the internees to select another internee for appointment in his stead.

(3.) Subject to these Regulations and the Internment Camp Orders, the internees’ representative or representatives shall undertake the distribution of any collective consignments which may be received at the camp, and, in the event of the internees deciding to organize amongst themselves a system of mutual aid, such organization shall be one of the functions of the internees’ representative or representatives.

(4.) Facilities shall be accorded to internees’ representatives for their correspondence with the military authorities and the representative of the protecting Power, and such correspondence shall not be subject to the limitations (other than censorship) imposed by these Regulations in respect of outward letters.

(5.) An internees’ representative shall not be transferred without being allowed the time necessary to acquaint his successor with the current business.

Action to be taken on arrival of internee.

14.—(1.) As soon as practicable after the arrival of an internee at an internment camp—

(a) particulars relating to him shall be recorded, and a serial number shall be assigned to him;

(b) he shall be searched and any property (including money) which he is not permitted to retain in his possession in the camp shall be taken from him, particulars thereof shall be recorded, and he shall be given a receipt therefor;

(c) he shall be medically examined and a statement of his medical condition shall be recorded; and

(d) he shall be given a notice setting out such of these Regulations, the Internment Camp Orders and the Camp Rules as he is required to comply with, printed or typed in a language which he can understand.

(2.) The Commandment may, if he thinks fit, direct that—

(a) photographs of the internee; and

(b) prints of his fingers or thumbs or any of them,

shall be taken and the internee shall permit such photographs and prints to be taken.

Cash accounts.

15.—(1.) All money taken from an internee or despatched to an internee or earned by him during his internment shall be placed to his credit in a cash account to be opened in his name by the Camp Paymaster at the internment camp, and he may be permitted to withdraw amounts from that account from time to time under such conditions as are prescribed by the Internment Camp Orders.

(2.) An internee shall sign his name in his own handwriting opposite entries in his cash account relating to amounts debited or credited to him.

(3.) Where money is received by a Camp Paymaster in pursuance of this regulation he shall—

(a) pay the money into a trust account opened in the name of the internee at the Commonwealth Savings Bank or a branch thereof; or

(b)pay the money into a general trust account opened at the Commonwealth Savings Bank or a branch thereof:

Provided that the Camp Paymaster may retain in his possession for petty cash purposes moneys not exceeding an amount to be fixed by the Adjutant-General.

(4.) Moneys in a trust account referred to in paragraph (a) of sub-regulation (3.) of this regulation shall not be withdrawn except by withdrawal forms signed by the Camp Paymaster and the internee.

(5.) Moneys in a trust account referred to in paragraph (b) of sub-regulation (3.) of this regulation shall not be withdrawn except by withdrawal forms signed by the Camp Paymaster and the Camp Commandant.

(6.) Accounts kept in pursuance of this regulation shall be subject to audit by the Auditor-General for the Commonwealth.

Property of internee.

16.—(1.) All property, other than money, taken from an internee, shall be placed in a separate parcel, marked with the internee’s name and serial number, and kept in such place as the Camp Commandant directs until it can be returned to the internee, or otherwise disposed of in accordance with law:

Provided that the Camp Commandant may, if he thinks fit, at the request of the internee and at his expense, make special arrangements for the safe custody and insurance of jewellery or other valuables or foreign money taken from an internee, or may permit the sale of any of his property by an internee and any arrangements necessary in connexion therewith.

(2.) A list of such property shall be made for purposes of record, and shall be signed by the internee.

(3.) The Camp Commandant may at any time require an internee to furnish a statement of his real and personal property in Australia and as to what arrangements he has made or desires to be made concerning the administration and control of such property.

Clothing.

17.—(1.) An internee may be permitted to wear his own clothing and may arrange for necessary replacement of articles of attire.

(2.) Clothing and other necessaries may be issued to any internee who is in need of them.

Food, &c.

18.—(1.) The food ration of adult male internees shall be equivalent in quantity and quality to that of the soldiers at the internment camp, and sufficient drinking water shall be supplied to them.

(2.) Internees shall be afforded the means of preparing for themselves such additional articles of food as they may possess.

(3.) Internees may be employed in the kitchens in an internment camp under the supervision of a non-commissioned officer appointed for that purpose.

(4.) Collective disciplinary measures affecting food shall not be permitted.

Smoking.

19. Internees may be permitted to smoke at times and places approved by the Camp Commandant.

Canteens.

20.—(1.) A canteen shall be established at each internment camp at which internees may procure, at the local market price, food commodities and ordinary articles.

(2.) The canteen may be conducted by the Canteens Service established in pursuance of the Australian Military Regulations.

(3.) Any profits accruing from the canteen shall be utilized for the benefit of the internees.

Issue of canteen orders or tokens.

21.—(1.) The Camp Paymaster may issue to an internee whose cash account is in credit orders or tokens which may be used for the purchase of articles from the canteen:

Provided that an internee shall not have in his possession at any time orders or tokens exceeding Ten shillings in value.

(2.) Where orders or tokens are issued to an internee the value of such orders or tokens shall be debited in his Cash Account, and, if a separate bank account has been opened in his name, the amount shall be withdrawn from that account.

Library.

22.—(1.) A library may be established at each internment camp.

(2.) Subject to the approval of the Camp Commandant, books received from representatives of the protecting Powers and authorized relief societies may be included in the library.

Hygienic measures.

23. All necessary hygienic measures shall be taken at each internment camp to ensure the cleanliness and salubrity of the camp and to prevent epidemics, and internees shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness, and shall be provided with a sufficient quantity of water for their bodily cleanliness.

Freedom of religion.

24.—(1.) Subject to compliance with routine and police provisions contained in these Regulations, Internment Camp Orders or the Camp Rules, internees shall be permitted complete freedom in the performance of their religious duties, including attendance at the services of their faith in the camp.

(2.) Ministers of religion who are internees, whatever their denomination, shall be allowed freely to minister to their co-religionists in the camp.

Transfer of internees.

25.—(1.) Internees who are sick shall not be transferred from one internment camp to another if their recovery might be prejudiced by the journey, except in cases where such transfer is necessary for military reasons.

(2.) In the event of transfer, internees shall be officially informed in advance of their new destination, and shall be allowed to take with them their personal effects, their correspondence and parcels which have arrived for them.

(3.) All necessary arrangements shall be made so that correspondence and parcels addressed to their former camp shall be sent on to them without delay, and sums credited to their cash accounts or bank accounts shall be transmitted to the Camp Paymaster at their new camp so that they may be credited to the corresponding accounts at that camp.

Exercise and recreation.

26.—(1.) Provision shall be made at each internment camp for games and recreation, and the Camp Commandant may require an internee who is medically fit to participate in outdoor exercise.

(2.) Internees shall not be isolated except when undergoing disciplinary punishment, or under the orders of the Camp Medical Officer.

Drilling.

27. Drilling or marching in military formation shall not be allowed for any purpose other than physical training and fatigues and movement from place to place.

Medical treatment.

28.—(1.) At each internment camp a camp infirmary shall be established at which internees shall receive such medical attention as they require.

(2.) If necessary, isolation establishments shall be provided for patients suffering from infectious or contagious diseases.

(3.) The camp infirmary shall be under the supervision of the Camp Medical Officer.

(4.) Where an internee has been treated at the camp infirmary, an official statement may be issued to him, upon demand, indicating the nature and duration of his illness and the treatment received.

(5.) An internee who has contracted a serious malady, or whose condition necessitates important surgical treatment, may be sent to any military or civil institution qualified to treat him, and the Military Board shall make such arrangements as are necessary to provide for his safe custody during his absence from the internment camp.

(6.) The Camp Commandant of each internment camp shall make arrangements for the medical inspection of the internees at least once a month for the purpose of ensuring proper supervision of the general state of health and cleanliness, and the detection of infectious and contagious diseases, particularly tuberculosis and venereal complaints.

(7.) Any internee may be required by the Camp Commandant to submit to vaccination and inoculation against infectious and contagious diseases.

Visitors.

29. Internees may be allowed to see visitors at such times and under such conditions as are specified in the Internment Camp Orders or the Camp Rules, but the Camp Commandant may, in exceptional circumstances, permit an internee to see visitors at other times.

Exemption from postal and railway charges.

30.—(1.) Letters and remittances of money or valuables and postal parcels addressed to enemy alien internees from places outside Australia or despatched by them to places outside Australia, either directly or through the intermediary of the information bureau established in pursuance of the Prisoners of War Convention, shall be exempt from postal charges, and presents and relief in kind intended for enemy alien internees shall, subject to sub-regulation (2.) of regulation 37 of these regulations, be exempt from all import or other duties and from charges for carriage on railways in the Commonwealth.

(2.) Internees shall also be allowed exemption from postal charges in respect of letters, not exceeding two in any week, to civilians in Australia, and in respect of parcels to civilians in Australia despatched in accordance with regulation 32 of these Regulations.

(3.) Parcels from abroad addressed to internees and containing dutiable articles which there is reason to believe are not bona fide presents shall be withheld from the addressees pending reference by the Camp Commandant to the Collector of Customs with a view to the assessment and charge of duty.

Outward letters and communications.

31.—(1.) Subject to censorship, and to such restrictions and conditions as are imposed by these Regulations and the Internment Camp Orders, an internee shall be allowed to send two letters or post-cards in each week:

Provided that—

(a) an internee shall not be allowed to send two letters on the same day except in cases where special circumstances exist and then only with the permission of the Camp Commandant; and

(b) letters to the Official Visitor shall not be subject to censorship.

(2.) The Internment Camp Orders may prescribe conditions as to the length of letters sent by internees, the stationery to be used, and any requirements necessary for purposes of censorship.

(3.) An internee shall not be permitted—

(a) to send cables or wireless communications overseas, either direct or through a third person; or

(b)to send letters by air mail or telegrams unless exceptional circumstances exist, and then only with the approval of the Camp Commandant and at his own expense.

(4.) So far as possible, facilities shall be afforded for the transmission of documents such as powers of attorney and wills addressed to enemy alien internees or signed by them.

Outward parcels.

32. The despatch of outward parcels by internees shall be allowed only in cases where permission is granted by the Camp Commandant on account of exceptional circumstances.

Censorship of letters and parcels.

33.—(1.) All outward letters, except letters addressed to an Official Visitor, and all parcels, shall be sent for censorship to the District Censor at the capital city of the State or Territory in which the internment camp is situated.

(2.) All letters and parcels sent from an internment camp shall be clearly stamped with a rubber stamp showing the number of the camp.

Local censorship.

34. In addition to censorship by the District Censor, the Camp Commandant may institute such local censorship of letters and parcels despatched by or addressed to internees as he considers necessary, but care shall be taken to ensure that communications are not delayed unduly, and letters addressed by an internee to an Official Visitor shall not be subject to such censorship.

Inward letters.

35.—(1.) Subject to censorship, and to the Internment Camp Orders, no limit shall be imposed on the number of letters and postcards an internee may receive, but he shall not be permitted to receive picture postcards or letters containing pictures or drawings of a suspicious or objectionable nature.

(2.) The Camp Commandant shall arrange for all inward letters, whether registered or not, to be opened to enable the Camp Paymaster to extract any remittances of money contained therein. Amounts extracted shall be paid into the internee’s cash account or bank account in accordance with these Regulations, and a receipt shall be given to the internee. A similar procedure shall be adopted in the case of telegraphic money orders.

Inward parcels.

36.—(1.) Subject to these Regulations and the Internment Camp Orders, internees may receive parcels of books, money, valuables, foodstuffs or other articles, and shall be permitted to send a formal acknowledgment of the receipt of any such parcels.

(2.) The formal acknowledgment shall be by postcard, and shall not be deemed to be one of the letters referred to in regulation 31 of these Regulations.

(3.) The examination of parcels shall be effected under such conditions as will ensure the preservation of any foodstuffs which they may contain, and shall, if possible, be done in the presence of the addressee or a representative duly recognized by him.

Books and music.

37.—(1.) Internees shall be allowed to receive books (other than books containing hostile sentiments or propaganda) and music, but consignments received by post shall be examined by the Camp Commandant, and all purchases of books and music shall be made through the Camp Commandant or an officer thereto authorized by him.

(2.) Parcels of books or music conveyed by railway shall not be accepted unless the freight is prepaid.

Letters, &c., where internees are in civil or military hospitals.

38. When any internee is admitted to a civil or military hospital or other institution the Commandant of the camp from which the internee has been moved shall make such arrangements as are necessary to ensure that—

(a) the medical officer in charge of the hospital or institution is advised as to the length and frequency of letters which the internee is allowed to write;

(b) that all letters despatched by the internee are sent for censorship to the District Censor at the capital city of the State or Territory in which the hospital or institution is situated; and

(c) that parcels addressed to the internee are despatched to the camp for censorship.

Internees to pay for property wilfully damaged.

39. The cost of repairing or replacing any property which is damaged or lost as the result of any wilful act or gross neglect on the part of an internee shall be paid by the internee, and may be withdrawn from any money standing to the credit of the internee in his cash account or bank account or debited against him in his cash account and withdrawn from any money subsequently despatched to or earned by him.

Communications with persons outside camp.

40. An internee shall not converse with, communicate with, or signal to, any person outside the internment camp, except with the permission of the Camp Commandant.

Internees to comply with regulations, orders, &c.

41.—(1.) An internee shall comply with the provisions of these Regulations and of the Internment Camp Orders and the Camp Rules which apply to him and shall obey all lawful orders issued to him by officers or soldiers, or by any other persons having authority over him by virtue of these Regulations, or those Orders or Rules.

(2.) An internee shall not—

(a) treat with disrespect any Official Visitor, any officer or soldier, or any other person employed in connexion with the internment camp;

(b)swear, curse or use any abusive, insolent, indecent, threatening or other improper language;

(c) commit any indecent act or make any indecent gesture;

(d) create unnecessary noise or disturbance;

(e) wilfully disfigure or damage any part of the internment camp or any Commonwealth property to which he has access;

(f) commit any nuisance;

(g) have in his quarters or possession any article in contravention of the Internment Camp Orders or the Camp Rules;

(h) use or offer personal violence to any officer or soldier, or any other person employed in connexion with the camp, to an Official Visitor, to another internee, or to any other person in the camp;

(i)approach within three yards of the boundary fence of the camp or any fence in the camp, except with the permission of an officer or soldier of the guard;

(j) interfere in any way with the lights in the huts or with any part of the lighting system of the camp;

(k) escape or attempt to escape, or aid any escape or attempted escape, from the internment camp; or

(l) offend in any way against good order and discipline.

Power of Camp Commandant to deal with certain offences.

42.—(1.) Where an internee is charged with any contravention of these Regulations, the Internment Camp Orders or the Camp Rules, the Camp Commandant shall hear the charge as soon as practicable.

(2.) At the hearing the Camp Commandant shall, as far as possible, observe the rules relating to procedure and reception of evidence applicable in the case of a Commanding Officer dealing with a charge against a soldier of the Australian Military Forces, and the internee shall be given an opportunity to defend himself.

(3.) If the internee demands that the evidence against him be taken on oath, the evidence of all witnesses shall be taken on oath or affirmation.

(4.) If the internee admits his guilt or if the Camp Commandant finds the charge proved, he may, subject to the next succeeding sub-regulation, impose one of the following disciplinary punishments:—

(a) Detention for any period not exceeding twenty-eight days during which period the internee may be confined in a place specially set apart for the purpose;

(b) Confinement to quarters for any period not exceeding fourteen days, during which period the offender may be required to answer his name at uncertain hours throughout the day, and may be employed on extra fatigue duties;

(c) Suspension of any privileges.

(5.) The maximum period of twenty-eight days’ detention shall not be exceeded notwithstanding that there are several acts for which the internee is answerable to discipline, whether such acts are connected or not.

(6.) Where, during the course or after the termination of a period of detention, an internee is punished by the imposition of a fresh term of detention, a period of at least three days shall intervene at the termination of the former punishment or between any two periods of detention, as the case may be, if one of the periods is of ten days’ duration or more.

Conditions under which disciplinary punishments to be served.

43.—(1.) Places in which internees are required to serve disciplinary sentences shall conform to the requirements of hygiene, and facilities shall be afforded to internees undergoing sentence to keep themselves in a state of cleanliness, and to take exercise or to remain out of doors for at least two hours daily.

(2.) Internees undergoing disciplinary punishment shall be permitted to read and write, and to send and receive letters, but shall not be allowed to receive parcels and remittances of money until the expiration of their sentences.

(3.) If any undelivered parcel contains food it shall, at the discretion of the Camp Commandant, be sent to the camp hospital or to an internees’ representative.

(4.) An internee undergoing disciplinary punishment shall be permitted, at his request, to present himself for daily medical inspection, and to receive such medical attention as the Camp Medical Officer may consider necessary. If the Camp Medical Officer so directs, he shall be removed to the camp infirmary.

Offences against criminal law.

44.—(1.) Any internee accused of an offence against any law of the Commonwealth or of a State or Territory of the Commonwealth (other than these Regulations, the Internment Camp Orders and the Camp Rules) may be prosecuted in any court of competent jurisdiction and dealt with in accordance with that law.

(2.) Until the hearing of the charge he shall be kept in the internment camp, in a place set apart for the purpose, and shall be taken to and from the court under escort provided from the guard at the internment camp.

(3.) In any case where an enemy alien internee is to be prosecuted before a civil court the Camp Commandant shall, unless the internee otherwise requests, notify the representative of the protecting Power as soon as possible, and in any case before the date fixed for the opening of the hearing.

(4.) The notification shall contain the following particulars:—

(a) The name of the internee;

(b) The location of the internment camp and place of detention pending trial; and

(c) A statement of the charge or charges and of the legal provisions applicable.

(5.) If it is not possible in the notification to indicate particulars of the court which will try the case, the date of the opening of the hearing, and the place where it will take place, those particulars shall be furnished to the representative of the protecting Power at a later date, but as soon as possible, and in any case at least three weeks before the opening of the hearing, unless the representative of the protecting Power agrees to accept shorter notice.

(6.) The internee shall be afforded proper opportunity of preparing his defence, and, so far as practicable, shall be allowed to communicate freely with his witnesses and any legal adviser with whom he may wish to consult, and, if necessary, to have recourse to the offices of a competent interpreter.

(7.) If the internee does not make a choice of an advocate for his defence, the representative of the protecting Power may procure an advocate for him.

(8.) The representative of the protecting Power may attend the hearing of the case unless it is necessary in the interests of the safety of the Commonwealth that the hearing should be kept secret and the representative has been notified to that effect.

(9.) If any sentence is imposed on the internee, the fact shall be communicated to the representative of the protecting Power as soon as possible.

(10.) If sentence of death is passed on the internee, a communication setting forth in detail the nature and the circumstances of the offence shall be addressed as soon as possible by the District Commandant of the Military District in which the internment camp is situated to the representative of the protecting Power.

Accidents.

45. If any accident occurs in which an internee is involved, a court of inquiry shall be held as nearly as practicable in accordance with the procedure laid down in relation to the Military Forces in the Australian Military Regulations and Orders for the time being in force.

Deaths.

46.—(1.) In the event of the death of an internee from any cause other than in pursuance of a sentence of death passed by a competent court a coronial inquiry shall be held.

(2.) The personal effects of the deceased internee (including any amount in credit in his cash account or bank account) shall be forwarded by the Camp Commandant to the Prisoners of War Information Bureau for transmission to the persons legally entitled thereto.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.