Australian Border Force Amendment (Protected Information) Bill 2017

The majority voted against a motion introduced by Greens Senator Nick McKim, which means it failed.

What did the motion do?

The motion would have added to the usual second reading motion, which is a motion to agree with the main idea of the bill (in parliamentary jargon, it's a motion to read the bill for a second time):

At the end of the motion, add:

"but the Senate notes the chilling effect that section 42 of the Australian Border Force Act 2015 has had on the immigration debate in Australia and condemns the Government and the Opposition for introducing and supporting the existing section."

Senator McKim explained:

Section 42 of [the Australian Border Force Act] provides that it's an offence for someone who is or has been an entrusted person to make a record of or disclose protected information. The maximum penalty for the offence is imprisonment for two years.

This provision—which still exists as we debate here today, with a minor amendment delivered by the government with regard to medical professionals—was designed by the government and supported by the Labor Party, for no other reason than to suppress the true horrors of what is happening on Manus Island and Nauru and inside Australia's onshore immigration detention regime. It was designed to have, and had, a chilling effect on freedom of speech in this country. It was designed to prevent people from speaking out about what they witnessed, including many people who had either a professional or a moral obligation to do so. The current section 42 is a draconian measure, designed, as I said, to keep secret the horrors of what is happening on Manus Island and Nauru and inside Australia's onshore detention regime.

Read more about the bill in the bills digest.