This chapter explains how foreign officials and their dependants are nominated, accepted, accredited or recognised in Australia. It outlines the information missions, posts and international organisations must provide, the accreditation categories Australia may recognise, and the requirements that apply during and at the end of a posting.

4.1 Nomination and acceptance

The sending State's foreign ministry must formally nominate officials for diplomatic or consular accreditation by note verbale before they take up functions in Australia. The headquarters of an international organisation must formally nominate its staff for accreditation or recognition by letter. Dependants must also be formally nominated by the same means before Australia will recognise them as part of an official's household.

A nomination gives Australia the information needed to consider the proposed appointment or status. It does not, by itself, establish a person's accreditation, recognition, privileges or immunities. Protocol Branch assesses the person's proposed functions, status, place of duty and the applicable legal framework before deciding, as applicable, whether Australia will accept the appointment, accredit the official or recognise the person in a particular category.

The visa request is the usual means for providing the nomination and supporting information to Protocol Branch. The grant of a diplomatic visa enables the person to enter and remain in Australia for the nominated role. It does not, by itself, determine the person's accreditation or recognition or the privileges and immunities that may apply.

Where an official replaces another official in an existing position, Australia will generally expect the accreditation category to match the position being filled, unless Protocol Branch determines that another category is appropriate. For a new position, or a role with changed duties or location, a full description of the role, functions, duties, reporting line, place of duty and operational need is required before Australia will consider the request.

Home-based officials must not travel to Australia to take up an appointment until Australia has confirmed that the nomination has been accepted. The Australian diplomatic mission or consulate responsible for the sending State or organisation can advise what information is required. Protocol Branch may request additional information, including a curriculum vitae, service record or full job description, and may defer consideration until sufficient information is provided.

Australia may decline to accept, accredit or recognise a proposed official or dependant, and is not required to give reasons.

4.1.1 Diplomatic officials

Diplomatic mission staff are accredited under the Vienna Convention on Diplomatic Relations. Australia may recognise home-based staff of a diplomatic mission as diplomatic staff or administrative and technical staff, depending on their functions, status and duties. Service staff are dealt with separately at section 4.1.7.

Staff accredited to a diplomatic mission must work and reside in the Australian Capital Territory. Australia does not accept branches of diplomatic missions outside Canberra for accreditation purposes.

Diplomatic designations include:

• Ambassador/High Commissioner
• Chargé d'Affaires a.i./Acting High Commissioner
• Deputy High Commissioner
• Minister/Minister-Counsellor/Counsellor
• First/Second/Third Secretary
• Attaché

4.1.2 Consular officials

Career consular officials are accredited under the Vienna Convention on Consular Relations. Australia may recognise home-based staff of a career consular post as consular officers or consular employees, depending on their functions, status and duties. Service staff are dealt with separately at section 4.1.7, and honorary consuls at section 4.1.3.

Career consular officials must work and reside within the consular district of the post to which they are accredited. Australia does not accept consular posts in the Australian Capital Territory.

Australia must accept the appointment of a career head of consular post before the person requests a diplomatic visa or commences in the role. The sending State must provide a note verbale nominating the head of post, with a full curriculum vitae, at least four weeks before the proposed commencement date. Once Protocol Branch confirms acceptance of the appointment, the person may request a diplomatic visa. Australia does not issue exequaturs to career heads of consular post.

Career consular designations include:

• Consul-General
• Deputy Consul-General
• Consul/Vice-Consul

4.1.3 Honorary consuls

Chapter 3 sets out the requirements for establishing a consular post headed by an honorary consul, including its location, consular district, office arrangements and operating hours. This section sets out the requirements for nominating and accepting the honorary consul.

Eligibility

A nominee must:

• be an Australian citizen or permanent resident
• be of good character and standing in the local community
• be accessible to and able to serve all potential consular clients
• be able to communicate and maintain good relations with authorities in the consular district
• reside in a major centre, preferably a capital city, in the consular district
• be readily contactable and have arrangements for responding to emergencies when unavailable
• declare any actual, potential or perceived conflict of interest, including any direct or indirect position of profit or trust with an Australian government entity, and state whether that entity considers the position incompatible with the proposed honorary consular role.

Nomination and supporting documents

The sending State's foreign ministry must nominate the proposed honorary consul by note verbale. The nomination must include:

• a full curriculum vitae for the nominee
• a completed and signed national police check application form for Protocol Branch to action (do not provide a police certificate)
• a certified copy of the personal data pages of the nominee's passport
• a certified copy of the nominee's driver licence
• confirmation in the note verbale that the sending State:
  • considers the nominee to be of good character and standing
  • has considered all actual, potential or perceived conflicts of interest disclosed by the nominee to the sending State and other relevant parties
  • has assessed the resulting risks and is satisfied that the proposed controls are adequate.

Assessment

Protocol Branch assesses the nominee's suitability and any identified conflicts of interest. It consults relevant Australian authorities as required.

Australia and the sending State manage the nomination through diplomatic channels. During the assessment, the nominee must direct enquiries through the sending State rather than contacting Protocol Branch directly. Australia may seek further information, defer consideration until the nomination is complete, or decline the nomination without giving reasons.

Acceptance and commencement

If Australia accepts the nominee, Protocol Branch will notify the sending State through diplomatic channels. If the honorary consul will head the post, Australia will issue an exequatur admitting the person as head of post. The honorary consul must not begin performing consular functions before the exequatur is issued unless Australia grants provisional admission. Section 4.3 sets out the commencement requirements.

Continuing obligations

An honorary consul must continue to meet the eligibility requirements throughout the appointment. The sending State's mission must notify Protocol Branch immediately of any matter that may affect the honorary consul's character, standing, conduct, capacity to perform the role or actual, potential or perceived conflicts of interest. Protocol Branch may review whether Australia's acceptance should continue.

Titles and further guidance

Australia accepts the title 'Honorary Consul'. It does not accept new appointments or promotions to 'Honorary Consul-General'. A person whom Australia has already accepted as an honorary consul-general may retain that title until the appointment ends.

The Honorary Consul Guidelines explain the role, practical arrangements and ongoing responsibilities of honorary consuls in Australia.

4.1.4 Defence attachés

Defence attachés or advisers, and their deputies, are members of the diplomatic staff of a mission and are accredited under the Vienna Convention on Diplomatic Relations. They must be serving military personnel. Australia must accept the appointment before the officer requests a diplomatic visa, travels to Australia or takes up duties. The sending State must provide a nomination and full curriculum vitae six weeks before the officer's planned travel.

Clerical support staff and assistants to defence attachés or advisers may be military personnel or civilians. They are not accepted as defence attachés or advisers. They must be nominated and accredited according to their functions and duties, usually as administrative and technical staff.

Defence attaché designations include:

• Defence Attaché (non-Commonwealth countries)
• Defence Adviser (Commonwealth countries)

4.1.5 Dependants

Australia may recognise a dependant where the person is a member of the official's family and forms part of the official's household for the duration of the posting. Dependants must be formally nominated by the sending State's foreign ministry or international organisation headquarters. Recognition as a dependant is separate from the grant of a visa and is assessed by Protocol Branch according to the person's relationship to the official, household membership and the applicable legal framework.

Dependant family members may include:

• the spouse or partner, including de facto and same-sex partners
• unmarried children up to 21 years of age, provided they physically reside with the official and remain part of the household on a full-time basis.

Other dependants should apply to the Department of Home Affairs for an appropriate alternative visa, such as a student visa or a visitor visa.

Consent for minor dependants accompanying one parent or legal guardian

Requests involving children under the age of 18 where only one parent or legal guardian is listed on the application must be accompanied by confirmation from the relevant foreign ministry that the application complies with local legal consent requirements. This confirmation must include verification that all required parties have provided their consent to the child being granted an Australian diplomatic visa.

Exceptional recognition of other family members

In exceptional circumstances — at the formal request of the sending State's foreign ministry or international organisation headquarters — Protocol Branch may consider whether another family member should be recognised as a dependant. The request must show that the person forms part of the official's household and that recognition is justified by the person's dependency on the official, including where they:

• are clearly dependent on the official for medical reasons
• have an established history of dependency on the official
• have an established history of physically residing with the official and being part of the household on a full-time basis, including on previous postings.

The foreign ministry must provide:

• an explanation the nature of the dependency
• documents substantiating the dependency and residence
• documents substantiating any relevant medical condition that makes the dependant reliant on the official.

4.1.6 International organisation officials

International organisation officials are accredited or recognised under the regulation, legislative instrument, headquarters agreement or other arrangement that gives effect to the organisation's privileges and immunities in Australia. The organisation's headquarters must formally nominate the official and provide enough information for Protocol Branch to assess the person's role, functions, place of duty and the status Australia may recognise. Recognition may differ between organisations and between categories of officials, depending on the applicable instrument or arrangement.

4.1.7 Service staff

Protocol Branch may accredit a person as service staff of a mission or consular post where the nominee is a national of the sending State, is employed and paid by that State, and is assigned to perform service duties for the official operations or official premises of the mission or post. Service staff are not personal employees of individual officials and must not perform private domestic work for any member of the mission or post. Australia will assess whether the proposed duties, employment arrangements and place of work support accreditation as service staff.

The sending State's foreign ministry must nominate the person by note verbale to the Australian embassy or high commission accredited to the sending State. The nomination must include:

• a colour copy of the nominee's official or service passport biodata page;
• a curriculum vitae, service record or detailed biographical note; and
• a job description stating the nominee's title, duties, reporting line and principal place of duty, including any official duties at an official residence.

It must also include a status attestation from the foreign ministry certifying that:

• the nominee is employed by the sending State and assigned as service staff to its mission or post in Australia;
• the sending State will pay the nominee's salary and official allowances;
• the nominee's duties will support the official functions of the mission or post, including any official duties at an official residence; and
• the nominee will not be privately employed by, or perform private domestic work for, any individual member of the mission or post.

Protocol Branch may seek further or corroborating information if the material is incomplete, inconsistent or raises doubt about eligibility. It may defer or decline a nomination if the material does not support accreditation as service staff.

The sending State and its mission or post remain responsible for the welfare and conditions of employment of their service staff.

4.2 Visas

All foreign officials posted to Australia and their dependants must hold valid visas, usually a diplomatic visa. Eligible diplomatic officials, consular officials, service staff, diplomatic couriers and some international organisation officials may be granted diplomatic (subclass 995) visas, usually for an initial term of up to four years.

A diplomatic visa does not, by itself, determine a person's accreditation, recognition or privileges and immunities. Protocol Branch determines those matters separately, according to the person's accepted status and functions.

Diplomatic visas allow the holder to travel to and enter Australia until the 'must not arrive after' date shown in the visa grant notice. They allow the holder to remain in Australia while Australia continues to recognise the person's relevant diplomatic, consular or international organisation status, unless the diplomatic visa ends earlier, including because another Australian substantive visa is granted.

Diplomatic visas are granted with the expectation that foreign officials are posted to Australia for a finite period and rotated regularly. Visa extensions are considered case by case where accreditation or recognition continues but will not be extended beyond ten years. Missions, posts and international organisations should request extensions at least four weeks before the 'must not arrive after' date of the existing visa.

Missions, posts and international organisations must inform Protocol Branch when an official's functions end or when a dependant no longer forms part of the official's household, as this affects their eligibility to hold a diplomatic visa. Once a person is no longer eligible to hold a diplomatic visa, they must hold another valid visa to remain lawfully in Australia.

A person may hold only one Australian visa at a time, even if they hold more than one passport. If a foreign official or dependant applies for another Australian visa during a posting, the grant of that visa may automatically cease the diplomatic visa.

Missions, posts and international organisations should seek advice from Protocol Branch before a foreign official or dependant applies for, or accepts the grant of, another Australian visa, as this may also cause Australia to review their continuing accreditation or recognition and the applicability of privileges and immunities.

Person or category	Eligible for a diplomatic visa?
Foreign government employees assigned to diplomatic missions and consular posts in Australia	Yes. Heads of diplomatic missions and consular posts, defence attachés/advisers and their deputies must be accepted for appointment before requesting visas.
Dependants of foreign government employees accredited to diplomatic missions and consular posts in Australia	Yes, if formally nominated and accepted by Australia as part of the official's household.
Officials of international organisations	Yes, depending on the arrangement under which the organisation's office is established in Australia. Others may be granted Temporary Work (International Relations) visas (subclass 403).
Diplomatic couriers	Yes, if travelling to Australia in that capacity.
Foreign government officials on short-term missions, including temporary relief duties for accredited staff	Considered case by case.
Non-resident, unaccredited foreign officials, including a chargé d'affaires a.i.	No. They must apply to the Department of Home Affairs for an appropriate visa, which may be a business visa.
Foreign government officials attending a conference or official meetings in Australia	No. They must apply to the Department of Home Affairs for an appropriate visa.
Foreign government officials who are staff of a foreign government office (cultural, trade, tourism, etc.)	No. They must apply to the Department of Home Affairs for an appropriate visa, which may include a Temporary Work (International Relations) visa (subclass 403), depending on their role and circumstances.
Interns at diplomatic missions, consular posts or foreign government offices	No. They should apply to the Department of Home Affairs for an appropriate visa, which may include a Training visa (subclass 407), depending on the nature of the placement and whether Home Affairs requirements are met.
Private domestic workers (PDWs)	No. They must apply to the Department of Home Affairs for Temporary Work (International Relations) visas (subclass 403). See chapter 9 of these guidelines.
Foreign nationals engaged under contract by diplomatic missions and consular posts in Australia	No. They are not eligible for diplomatic visas and must hold another visa permitting them to work in Australia.
Foreign language teachers, religious instructors and community welfare workers	No. They must apply to the Department of Home Affairs for an appropriate visa.

4.3 Arrivals and commencement of accreditation

Missions, posts and offices must promptly notify Protocol Branch when a home-based official arrives and provide:

• a completed Arrival Notification – Accredited Official [PDF 5 MB]
• a completed Arrival Notification – Official's Dependants form [PDF 2.4 MB], including where dependants are arriving later
• a colour copy of each person's diplomatic or official passport biodata page; and
• one colour digital passport photo for the official and their spouse.

Honorary consuls must send Protocol Branch a completed Honorary Consul – Commencement form [PDF 3.1 MB] and a colour digital passport photo. The form must include telephone numbers and any home address used as the consular office, along with confirmation that these details may be published in the Consular List.

After accreditation, Protocol Branch updates departmental records and issues identity cards (see section 4.3.1). Cards are issued to all officials and to the spouses of diplomats, administrative and technical staff, consular officers and honorary consuls. They are not issued to children or to the spouses of consular employees or service staff.

The department publishes the names and titles of diplomats, consular officers, senior international organisation representatives and their partners in the Diplomatic List and Consular List.

Handover periods

Avoid handover periods to the extent possible and strictly limit them where necessary. Consult Protocol Branch before seeking a handover period longer than two weeks so it can consider any potential issues, including reciprocity considerations, arising where two officers would be accredited in the same position.

4.3.1 Identity cards

Protocol Branch issues identity cards to demonstrate the status Australia recognises under the Vienna Conventions or relevant arrangements for international organisations. Cards are colour-coded by accreditation category and include a brief statement of the privileges and immunities recognised for the holder.

For home-based officials, identity cards expire when the official's current diplomatic visa expires. A new card should be requested if the official's visa is renewed and accreditation continues.

For honorary consuls, identity cards are usually issued for five years. Requests for new cards should be made six weeks before the expiry date. The sending State should submit a note verbale requesting renewal and the issue of new identity cards.

Lost and returned identity cards

Lost identity cards must be reported to the police, and a copy of the police report must be provided to Protocol Branch with any request for a replacement.

Missions, posts and offices must return identity cards issued to departing officials and spouses. Protocol Branch will not issue identity cards to a newly arrived official or eligible spouse if the predecessor's cards have not been returned.

4.4 End of accreditation or recognition

When a home-based official's functions end, or when a dependant no longer forms part of the official's household, Australia will no longer accredit the official or recognise the dependant in that category. Eligibility for a diplomatic visa and for privileges and immunities associated with that status will cease, subject to any continuing immunity for acts performed in the exercise of official functions under the applicable legal framework. This applies whether or not the person departs Australia.

Examples where accreditation ends without departure from Australia include:

• A diplomatic or consular posting ends and the official remains in Australia.
• A dependant child begins tertiary study and transfers to a student visa.
• A dependant marries an Australian citizen and transitions to another visa.
• A recognised member of an official's household transitions from a diplomatic visa to another visa class, such as a protection visa or bridging visa.

The mission, post or office must notify Protocol Branch when an official's functions end, or when a dependant no longer forms part of the official's household. It must provide a completed Departure Notification – Accredited Officials and Dependants form [PDF 2.7 MB].

By providing the form, the mission, post or office acknowledges that it is notifying Australia, including for the purposes of the applicable Vienna Convention, that the official has ended their functions or that the dependant no longer forms part of the official's household.

Once the person is no longer eligible for a diplomatic visa, they must hold another valid visa to remain lawfully in Australia.

When an honorary consul's term concludes, the sponsoring mission must notify Protocol Branch and provide a completed Honorary Consul – Departure form [PDF 3.3 MB].

4.4.1 Recall of officials and dependants

Australia may request that the sending State recall or terminate the functions of an official, or arrange for a recognised dependant to leave the official's household, where:

• the person engages in acts incompatible with their status or official functions, including acts that may constitute interference in Australia's internal affairs
• the person no longer performs official functions for, or maintains a functional link with, the sending State
• the person is alleged to have committed a serious criminal offence, particularly where the sending State does not waive applicable immunities and the matter therefore cannot progress through standard legal processes
• the person seriously or persistently misuses the privileges and immunities associated with their status
• Australia otherwise considers that continued accreditation or recognition is no longer acceptable.

If the sending State does not act on the request within a reasonable period, Australia reserves the right to take further action available to it.

4.5 Other information

4.5.1 Australian citizens and permanent residents

The Australian Government does not accept Australian citizens or permanent residents as diplomatic or consular representatives of another country, except as honorary consuls. A person who renounces their Australian citizenship or permanent resident status to take up such an appointment must reapply to the Department of Home Affairs if they wish to regain that status after completing their assignment. There is no guarantee that the application will be successful.

4.5.2 Lapsed positions

If an accredited position remains vacant for more than two years, Australia treats the position as having lapsed for accreditation purposes and as no longer forming part of the mission or post's establishment. A later nomination to that position will be assessed as a request to accept the position again, rather than as a routine replacement. Australia may require a full description of the proposed role, functions, duties, reporting line, place of duty and operational need before deciding whether to accept accreditation to the position.

4.5.3 Posting limits

Australia expects foreign officials to be posted for a finite period and rotated regularly. Continued accreditation or recognition is at Australia's discretion, considered case by case, and will not extend beyond ten years in total. Consecutive postings in Australia, including through transfer to another role, mission or post, count toward this limit.

4.5.4 Position transfers

A transfer within Australia, such as from a diplomatic mission in Canberra to a consular post in another state, is treated as a new posting. The sending State's foreign ministry must formally nominate the official for the new role. The official must not start in the new position unless Australia has accepted the transfer, and the mission or post must submit departure and arrival documentation before the new accreditation is finalised.

4.5.5 Notification of changes

Missions, posts and offices must notify Protocol Branch as soon as possible of any proposed change to an official's rank, title, functions, accreditation category, place of duty or posting location, preferably before the change takes effect.

A mission, post or office may advise routine administrative changes that do not alter the person's functions, accreditation category, place of duty or posting location, such as a change in title or rank from Second Secretary to First Secretary.

The sending State's foreign ministry, or the headquarters of the relevant international organisation, must formally notify by note verbale/letter any change that may affect the person's accreditation or recognition. This includes a change in functions or accreditation category, such as from consular employee to consular officer, or a transfer within Australia from an embassy in Canberra to a consular post in another city. Protocol Branch may require a fresh nomination or further information before Australia accepts the change.

Some changes may affect diplomatic visa eligibility and the privileges and immunities Australia recognises. A transfer within Australia is treated as a new posting and must not take effect for accreditation purposes until Australia has accepted the transfer and the required departure and arrival documentation has been provided.

4.5.6 Children born in Australia during a posting

A child born to a foreign official during their posting in Australia must be formally nominated for recognition as a dependant and obtain an Australian visa. The birth must first be registered with the relevant state or territory registry of births, deaths and marriages. The mission, post or international organisation must then send Protocol Branch a copy of the birth certificate, a colour copy of the biodata page of the child's passport and a request for recognition and a visa.