Responsibility of rightful passport holder: passport held by improper party
A person who reports their current passport or travel document as being in the hands of a spouse, or other person who has no right to hold or replace it, is to be advised to take all steps to recover the document including:
- Direct written or verbal contact with the person holding the document; and/or
- Obtain private legal assistance.
Note: The rightful holder should document all attempts to retrieve the document.
If the rightful holder claims to have done all they can to recover the travel document without success, they must be directed to their nearest Australian Passport Office or overseas diplomatic or consular mission to provide a full statement (B11) of the circumstances (including efforts to recover the document and contact details for the alleged holder).
In most cases a parent has the right to hold the passport or travel document of a child only if that parent has parental responsibility for the child. A dispute concerning who holds a child’s passport or travel document, between persons with parental responsibility for the child, must be settled privately through legal channels.
Responsibility of Passport Office: passport held by improper party
Upon receipt of the statement of circumstances the interviewing officer must refer the statement to the appropriate Authorised Officer where the statement will be assessed and an appropriate course of action determined.