Australian Border Force Bill 2015 and related bill

The majority voted against an amendment introduced by Greens Senator Sarah Hanson-Young (SA), which means it was unsuccessful.

What did the amendment do?

This amendment relates to Clause 42 of the Australian Border Force Bill 2015, which makes it an offence for an "entrusted person" (which includes Immigration and Border Protection workers) to make a record of confidential information or to disclose confidential information.

Senator Hanson-Young explained her amendment:

The amendment I have circulated deals very specifically with that. It is very simple. It is not saying that everyone can go and blow their whistles as much as they want; it is saying that if there is any type of offence then it needs to be tested against the public interest. That is a decision that the courts should make. It is not a decision for the minister. ... This amendment is important to ensure that there is an independent arbiter, and it must be the courts that stand up for the right of the public service and the right of the Australian people to know what is in the public interest and what information their government is trying to hide from them.

Background to the amendment

Senator Hanson-Young's amendment reflects previous recommendations made by the Australian Law Reform Commission (ALRC) in 2010 in respect to a similar provision int he Crimes Act that applies generally to Commonwealth public servants. Just like Senator Hanson-Young's amendment, the ALRC had recommended that criminal sanctions in law should only apply where disclosure of information would or would likely harm an identifiable public interest. However, those recommendations have yet to be acted on.

Amendment text

(1) Clause 42, page 35 (after line 13), after paragraph (1)(b), insert:

(ba) the making of the record, or the disclosure, causes, is likely to cause, or is intended to cause, harm to a public interest.

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