The Rights of Diplomatic and Consular Employees in Australia

Abstract

This article examines a group of employees who have been rarely considered in Australian court and tribunal decisions and scholarly commentary to date: diplomatic and consular workers. While persons employed by foreign states in their embassies and consulates generally enjoy favourable rights of access to justice under the Australian law of foreign state immunity, those retained personally by individual diplomats (commonly domestic servants) stand in a much worse position due to the excessively wide rules of diplomatic immunity. After discussing the current legal regimes in Australia and other jurisdictions, the author suggests possible strategies for improving the situation of such employees.

Keywords: diplomatic, consular, workers

JEL Classification: K00, K31