This chapter explains Australia's requirements for establishing and operating diplomatic missions, consular posts and other representative offices, and the arrangements applying to international organisations.

3.1 Types and establishment

3.1.1 Diplomatic missions

A sending State may establish a permanent diplomatic mission in Australia only with Australia's consent. Consent to establish the mission is separate from Australia's acceptance of a proposed head of mission.

The sending State must submit to Protocol Branch a note verbale explaining why it proposes to establish the mission, its intended functions, the proposed timing and the proposed number and level of staff. It may request agrément for a head of mission at the same time or later. Chapter 2 sets out the arrangements for heads of mission.

Before submitting a formal request, a sending State may visit Canberra for preliminary discussions. Protocol Branch can provide advice and contacts. If Australia consents to the mission's establishment, Protocol Branch will assist with the next steps. The approval process may take up to three months.

3.1.2 Consular posts

A sending State may establish a consular post in Australia only with Australia's consent. Before consenting, Australia will seek the concurrence of the government of each state or territory in the proposed consular district. Consent to establish the post is separate from Australia's acceptance of a proposed head of post.

The sending State must submit to Protocol Branch a note verbale explaining why it proposes to establish the post, its intended functions, the expected caseload, the proposed timing, staffing, seat, classification and consular district. It may nominate a proposed head of post at the same time or later. Chapter 4 sets out the nomination, acceptance and accreditation requirements for career heads of consular posts.

Australia does not require the sending State to maintain a resident diplomatic mission to establish a consular post. In deciding whether to consent to the post, Australia will consider the expected range and volume of consular business. If Australia consents to the post's establishment and the relevant state or territory government concurs, Protocol Branch will assist with the next steps. The approval process may take up to three months.

3.1.3 Posts headed by honorary consuls

Additional requirements apply if a sending State proposes that an honorary consul head a consular post. In addition to the information required above, the note verbale must provide the nominee's contact details, the specific location of the proposed office premises and the proposed business hours.
The sending State should nominate the proposed honorary head of post when seeking consent to establish the post. Chapter 4 sets out the nomination and acceptance requirements for honorary consuls.

While other persons in an honorary consul's office or home may provide administrative support, Australia does not accredit these persons or grant them privileges or immunities. They must not perform substantive consular functions unless Australia has accepted them in an appropriate consular capacity.

3.1.4 Foreign government offices

Sending States may operate foreign government offices separately from their diplomatic missions and consular posts. Examples include cultural, language, tourism and trade offices. Australia may acknowledge their personnel as foreign government employees but does not accredit them under the Vienna Conventions, grant them diplomatic visas or accord them privileges and immunities. Australia does not recognise these offices as diplomatic or consular premises or treat them as inviolable.

3.1.5 International organisation offices

Several United Nations agencies and other international organisations maintain offices in Canberra and other Australian capital cities. The instruments establishing these offices determine the status of the offices and their staff. Arrangements therefore vary between organisations. The organisation's headquarters, rather than its local office, must nominate staff.

3.2 Location and operation

Sending States must establish diplomatic missions in the Australian Capital Territory (ACT) and consular posts in major centres in the states and the Northern Territory, usually in their capital cities. Australia does not consent to diplomatic mission offices outside the ACT or consular posts in the ACT.

A sending State may staff consular posts with either career consular officers or honorary consular officers, but not both. Australia will ordinarily require a consular district to cover one or more whole states or territories. Australia will generally consent to only one consular post of the sending State in each state or territory.

Unless a specific bilateral agreement applies, Australia may limit the size of a diplomatic mission or consular post to what it considers reasonable and normal, having regard to circumstances and conditions in Australia and the mission's or post's needs.

Diplomatic staff may perform consular functions throughout Australia, whether or not the sending State has established a consular post and regardless of any consular district.

Australia may allow two or more diplomatic missions to co-locate their official premises in Canberra. Each mission must maintain a separate and independent office, with its own identity, representation, functions and operations. Co-location does not constitute joint, mutual or shared diplomatic representation.

The sending State must seek Australia's approval for the specific location of the proposed premises. Australia will determine whether to approve the location and recognise the premises as diplomatic mission or consular premises under the relevant Vienna Convention. This decision is separate from consent to establish the mission or post.

3.3 Closure and suspension

To close a diplomatic mission or consular post, the sending State must notify Protocol Branch by note verbale including the date of effect. The sending State must also:

• complete the notification and departure requirements for accredited officials and their dependants under chapter 4
• conclude arrangements for private domestic workers under chapter 9
• advise of future representation arrangements, including any non-resident accreditation or proposed representation by a third State as a protecting power.

From the closure date, the mission or post is no longer established in Australia. The sending State must obtain Australia's consent to re-establish it. Officials must complete all official functions before the date of effect. A person whose accreditation has ended must not perform diplomatic or consular functions.

Australia will consider the operations of a mission or post suspended if it has no resident accredited officials. A person not accredited to the mission or post must not perform diplomatic or consular functions or continue its substantive operations. The sending State must notify Protocol Branch of its proposed arrangements for remaining premises, property and archives, and obtain Australia's agreement where required.