Fact Sheet 11: Notification Form - Movement of Persons in Custody

(Form 1 of Schedule 1 of the Aviation Transport Security Regulations 2005)

• Form 1 : Notice of the Proposed Movement of a Person in Custody [DOC: 85 KB]

The Aviation Transport Security Regulations 2005 impose notification obligations and, in some cases, particular escort requirements for persons in custody travelling on any prescribed aircraft (this includes aircraft operating commercial air services).

The requirements in relation to a person in custody under the Migration Act and a person in custody under another law are treated separately.

Whenever a person in custody is moved on a prescribed air service, the enforcement agency must notify the airline and provide certain information about the person. That information includes a risk assessment.

There is also an obligation to notify an airport operator of the movement of any person classified as "dangerous".

To simplify the process, a combined notification and risk assessment form has been included in the Regulations and a two-page version of Form 1in Word format is available for download at the top of page.

All enforcement agencies, the Department of Immigration and Multicultural Affairs (DIMA), police, correctional services etc, must use Form 1 . to notify airlines of the proposed movement of people in custody.

Form 1

Form 1 refers to different categories of aviation travel (described below). The categories relate to those in the Aviation Transport Security Regulations.

The Migration Act 'caseload' will include supervised departures from Australia, "escorted domestic travel maintaining immigration detention" and all other escorted travel, both domestic and international. Persons in custody under other laws must be escorted unless a written exemption has been granted by the Department.

Supervised Departures (DIMA Cases Only)

This covers the unescorted departure from Australia of a person who is a non-citizen and who cooperates in the departure process and is in immigration detention and under the supervision of an officer under the Migration Act until the point of departure. It also covers domestic travel "for the purpose of a supervised departure". The airline will be notified (on Part A of Form 1 of supervised departures no less than 6 hours before intended departure (unless otherwise agreed with the airline). This shorter period reflects the lower risk of people assessed as suitable for supervised departure.

Escorted Domestic Travel Maintaining Immigration Detention (DIMA Cases Only)

This applies to those people who are escorted to maintain immigration detention under the Migration Act, not because they are a security risk. The airline will receive notice (both Part A and Part B of Form 1 at least 24 hours before the intended travel. The airline will have 12 hours to raise any concerns or seek further information.

Escorted Travel (Domestic and International)

This applies to escorted travel from, and within, Australia. It includes the "dangerous" element (some deportees, persons with serious criminal or mental health issues and those who might pose a threat to aviation security). It also includes those who are not considered a risk, but who are escorted for other reasons such as a direct request from a "destination country" or simply to ensure arrival at the intended destination.

International removals will generally be conducted under the Migration Act 1958. However, international travel will occasionally be authorised under other legislation, such as the Extradition Act 1988.

The airline operator will receive both parts of Form 1 at least 48 hours before the intended travel. The airline will then be expected to respond to the request no less than 24 hours prior to the flight, and may seek additional information before reaching a decision on whether or not to approve the application for uplift. (Where movement of a "dangerous" person in custody is proposed, the enforcement agency must also notify the airport operator at least 12 hours before the intended departure, but only after the airline has agreed to uplift.)

In most cases the number of escorts will be negotiable between the enforcement agency and the airline. However, a "dangerous" person (as determined from the risk assessment) must have a minimum of two escorts, one of whom must be the same sex as that person. As mentioned above, unless the Department has issued a written exemption, escorts are also required for non-Migration Act people in custody who are not dangerous.