Australians facing serious criminal charges in foreign countries will find it tougher to get taxpayer-funded legal aid under strict new rules announced by the Turnbull government, after more than $500,000 was spent funding the legal defence of a convicted paedophile.
The Serious Overseas Criminal Matters Scheme used to be offered to Australians facing more than 20 years in prison in a foreign jurisdiction, but will now be restricted to only those facing the death penalty.
Attorney-General Christian Porter announced the changes, which came after a government review that was triggered by a string of media reports highlighting controversial cases.
Mr Porter will also change the rules so he as the minister, rather than his department, makes the final decision on whether to offer assistance.
He will consider the applicant's criminal history and the circumstances surrounding their departure from Australia.
"I won't let the decisions be made at a bureaucratic level, but lift them up to the level of my office for my personal attention," he told reporters in Perth on Monday.
Attorney-General Christian Porter.
AAP
The changes are being introduced after a review that was triggered by paedophile Peter Scully using the scheme to claim more than $500,000 while on trial in the Philippines.
Scully was found guilty of one count of human trafficking and five counts of rape by sexual assault in the Philippines in June. He reportedly faces further charges in 50 other cases.
"I was concerned that, over time, the scheme had failed to meet community standards and expectations, and the funding provided to Peter Scully highlighted recently, was a clear demonstration of that," Mr Porter said.
Scully fled to the Philippines from Melbourne in 2011 after being charged with fraud.
He was able to apply for access to funds from the SOCMS because it was open to anyone facing either a potential custodial sentence of at least 20 years or the death penalty.
Peter Gerald Scully of Australia, right, walks in handcuffs with an unidentified detainee in 2015.
AAP Image/AP
Mr Porter said legal help would remain available to Australians who are not facing the death penalty under the separate Special Circumstances Scheme.
"There will be circumstances where an Australian overseas is facing serious charges that don't attract the death penalty but where they should still have access to funds to provide a proper legal defence," he said.
"However, it will depend on the individual circumstances of the case, and whether the provision of taxpayer funds is appropriate."
As part of the changes that apply from today, the Serious Overseas Criminal Matters Scheme will be renamed the Scheme for Overseas Criminal Matters involving the Death Penalty.
