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Leon, I opened a new question, Its the same person here who…

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Hi Leon,I opened a new...
Hi Leon,I opened a new question, Its the same person here who just asked about travelling overseas from switzerland to Australia, if that person had previous conviction as a child sex offender in Switzerland. Please review our previous conversation. I just spoke also with another solicitor, john Melis, and his answer to the question does not reassure me:"09 January 2018 10:27John Melis
Solicitor
its like this, any sey offence which is recorded overseas, the person can also face criminal charges in Australia. So it could be a dual hit on the person."Can you explain this further? Would this person be on ANY criminal register within Australia if he has no reporting obligations in Switzerland?Does the new law barring registered child sx offenders with reporting obligations affect the person leaving Australia under specific new implications of this law?Thanks for your answer and sorry for repeating myself.
Submitted: 3 months ago.Category: Australia Law
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Answered in 1 hour by:
1/9/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 3 months ago

where a criminal offence has been charged over seas, and that person travels to Australia, under the Commonwealth Criminal Code Act 1995. that person can also face penalty (criminal charges) under Australian law too.

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Customer reply replied 3 months ago
Hi John, Thanks for getting back to me. I understand this. What i do not understand is if this applies to the person in question. Leon has said that there are no reporting obligations in Australia and as an Australian citizen he/she is able to travel freely.Thank you.
Solicitor: John Melis, Lawyer replied 3 months ago

There are treaties between countries. Where a person has been convicted in a country that is party to the treaty of sexual crimes against children, that country has an obligation to report that crime to the home country of that person. This is sound law and if that person is reported to the home country, upon their entry in the home country they will be detained at the border crossing.

I advise there are reporting obligations under the treaties for co-operational purposes.

Whether the informing country advises the home country is another issue.

I welcome you to select telephone services as I have an in-depth experience with cross border matters.

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Customer reply replied 3 months ago
Ok thank you. But i am confused as Leon writes the following, that the person would be able to freely enter Australia and they would not be detained. I asked him the exact same question. thanks for clearing this up:09 January 2018 09:56Leon Leon
Solicitor
Good AfternoonAs an Australian citizen they have no problem entering Australia as they will be entering as a citizen and not on a visa.They will not be refused entry and they will also not be detained.There would be no reporting in Australia unless he has been convicted here in Australia.If he has reporting obligations in Switzerland then he has to make sure they allow him to come and not report in Switzerland. If they decide they want him to report in australia then there has to be a court order and the Swiss authorities have to seek the consent of the Australian Authorities in the state he will be in to report there.Aside from that he can freely enter as he is a citizen.I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.RegardsLeon
Solicitor: John Melis, Lawyer replied 3 months ago

I am not in agreement with my colleague on this matter as the international treaties that Australia is party to with foreign countries will be superior on this matter.

I welcome you to select telephone services and I can explain it to you by phone.

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Customer reply replied 3 months ago
Ok thank you for your honesty. What would happen if he/she would be detained upon arrival? Would that person then be arrested and sentenced under australian law, despite the sentence having already been carried out in Switzerland?
Solicitor: John Melis, Lawyer replied 3 months ago

The person that has been found guilty in a foreign country for sexual crimes against children internationally will face the criminal justice system in Australia.

I invite you to accept the telephone offer.

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Customer reply replied 3 months ago
Thank you. I cannot talk on the phone at this time as my phone is broken.this person has travelled before to indonesia during probation, and without problems. Is Australia specifically in a treaty with Switzerland on this issue?
Solicitor: John Melis, Lawyer replied 3 months ago

what about skype, you are using the internet. I have sent you a skype offer to consider.

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Customer reply replied 3 months ago
I am currently at work and cannot talk over skype. At a later time perhaps. For now, i would appreciate a written answer if possible.
Solicitor: John Melis, Lawyer replied 3 months ago

The matter relating to treaties is complex and recommend that you review Criminal Code Act 1995 CTH to start with followed by the relevant treaty that applies.

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Customer reply replied 3 months ago
Ok thank you i will read it. Is there a specific section that pertains to this problem? Thank you
Solicitor: John Melis, Lawyer replied 3 months ago

just review the relevant areas on sexual crimes.

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