Hicks refused visit for fear of punishment: lawyer

The Department of Foreign Affairs says it is not aware of allegations that Guantanamo Bay detainee David Hicks has refused to meet consular officials because he believes he has been punished after previous visits.

Officials from the department had earlier told a Senate hearing that Hicks did not give any reasons when he refused to meet the Australian Consul-General at Guantanamo Bay in September.

The hearing has now been told that Hicks's US military lawyer, Major Michael Mori, says his client believes he has been punished after making complaints during previous consular visits.

The department's first assistant secretary, Rod Smith, has told the hearing Maj Mori has not raised those concerns with Australian officials.

"It would be a matter of very great concern to us if Australians in detention overseas were punished for simply drawing to the attention of consular officials concerns that [they] have about the conditions of their detention," Mr Smith said.

The hearing was told the current charges against Mr Hicks have lapsed and the regulations governing the new military commissions will come into force in January.

Queensland Labor Senator John Hogg has questioned why a firm date cannot be given for new charges to be laid.

"Well, it's not very reassuring for Mr Hicks to be incarcerated and have no prospect as to when he might be charged under this new regime," Senator Hogg said.

"Surely the American authorities can be pressed to give some indication as to when charges might be laid."

A senior legal adviser with the Department of Foreign Affairs, Penny Richards, told the hearing US officials have been urged to lay new charges against Hicks as quickly as possible.

"The Government does remain very concerned about ongoing delay and has made numerous representations to the US about these concerns," Ms Richards said.