Mercury (Hobart)

Thuggish border laws antithesis of an open, liberal democracy

Greg Barns rails against Australia’s new secrecy laws

- Lawyer Greg Barns was an adviser to NSW premier Nick Greiner and the Howard government. Disendorse­d as the Liberal candidate for Denison in 2002, he later joined the Democrats. In 2013, he was Wikileaks Party campaign adviser.

AUSTRALIAN law over the past decade has been heading inexorably in the direction of a major increase in the power of the state at the expense of human rights.

The Australian Border Force Act, a federal law which came into force July 1, is a troubling example. It makes it a criminal offence for those working in Australia’s notorious immigratio­n detention centres to disclose to the media wrongdoing or physical or mental abuse of asylum seekers.

The law is typical of the thuggish Abbott Government, but it was supported enthusiast­ically by the ALP and all cross-benchers, except for the Greens. This Act is nothing short of a militarisi­ng of the Australian Customs Service and the Department of Immigratio­n and Border Control. It is the mutant progeny of the obsession both the Coalition parties and the ALP have with trying to stop individual­s seeking safety from a wealthy nation that ought to be generous.

Section 42 of the Act is disturbing in its heading alone. It is entitled “Secrecy”. It provides that someone who is an “entrusted person” commits an offence if he or she records, or discloses what is termed “protected informatio­n”. An entrusted person is defined in the Act to mean not only government employees, but also consultant­s and contractor­s. “Protected informatio­n” means any informatio­n that a person comes across while working for, or in, detention centres. A breach of section 42 is punishable by imprisonme­nt of up to two years.

Any person working directly or indirectly for the Australian Government who reveals to the media or any other person or organisati­on (the only exceptions being the Immigratio­n Department and other Commonweal­th agencies, police, coroners) anything that happens in detention centres like Nauru and Manus Island is liable to prosecutio­n.

This extraordin­ary provision has been inserted by the Abbott Government because over a number of years revelation­s in the media, by NGOs and medical groups, of sexual and other forms of physical and mental abuse of asylum seekers in the care of the Government have brought internatio­nal condemnati­on.

Only two months ago a group of doctors, counsellor­s and teachers who had worked at Nauru wrote an open letter outlining sexual and other forms of abuse endured by asylum seekers.

The World Medical Associatio­n and Australian medical bodies’ concern about this chilling law have been dismissed by Immigratio­n Minister Peter Dutton. Mr Dutton points to a provision in the legislatio­n which provides that doctors and other health profession­als are exempt from the ban on disclosure if the purpose is to save a life or to prevent endangerme­nt to a person’s health.

Mr Dutton’s ignorance, and as it turns out untrue opinion, is backed by Labor spokesman Richard Marles. This provision will not cover a situation where a doctor writes an article for a medical journal

about systemic mental health problems in asylum seekers.

And, as The Guardian revealed last Monday in an email from the head of Save the Children on Nauru, an NGO, to his staff warned them not to talk about the closure of a school on this benighted island because it is a criminal offence under the Border Force Act to do so.

Other provisions of the Act can be characteri­sed as designed to prevent dissent and criticism. Section 26 allows the Australian Border Force Commission­er to direct people who work for the department including contractor­s, and people who work for foreign government­s or for public internatio­nal organisati­ons such as Save the Children or the Red Cross.

This will inhibit contractor­s from abiding by profession­al obligation­s or from following generally accepted ethical standards required to fulfil their roles. The Commission­er could, for example, direct Red Cross workers to show him or her any report they have written for their organisati­on about detention centres.

Workers may need to undergo “Organisati­onal Suitabilit­y Assessment­s” as part of their essential qualificat­ions. The Explanator­y Memorandum that accompanie­d the legislatio­n contemplat­es that this will screen individual­s who may be less likely to comply with secrecy and nondisclos­ure requiremen­ts.

These provisions will deter doctors, counsellor­s, and others who have voiced concern about the appalling conditions endured by asylum seekers in detention centres from collecting informatio­n about those conditions.

The effect of the Act is to throw a veil of secrecy over what is happening.

This legislatio­n is antithetic­al to a society that professes to be a liberal democracy with independen­t scrutiny, and protection for those who lift the veil on human rights abuse.

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