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Detention inquiry aims to circumvent Border Force Act so whistleblowers can report New inquiry into detention centres will allow whistleblowers to give evidence
(about 2 hours later)
Conditions in Australia’s offshore detention centres on Manus Island and Nauru will be investigated by a new parliamentary inquiry designed as an outlet for whistleblowers to disclose information under parliamentary privilege, out of reach of the Border Force Act. Conditions in Australia’s offshore detention centres on Manus Island and Nauru are to be investigated by another parliamentary inquiry. The new inquiry is designed to help whistleblowers disclose information under parliamentary privilege, out of reach of the Border Force Act, which prohibits disclosure.
The Greens and Labor joined forces in parliament on Monday to refer both offshore centres to a Senate committee to investigate the treatment of asylum seekers, transparency and compliance with Australian and international law.The Greens and Labor joined forces in parliament on Monday to refer both offshore centres to a Senate committee to investigate the treatment of asylum seekers, transparency and compliance with Australian and international law.
Australia’s offshore detention centres have been the subject of numerous inquiries. Australia’s offshore detention centres have been the subject of numerous inquiries, including the Cornall report on the first riots on Manus Island, the Moss review into allegations of sexual assault and conduct of service providers on Nauru, and a Senate inquiry into the allegations of abuse on Nauru.
Related: Nauru police close case of alleged rape of Somali refugee citing lack of evidenceRelated: Nauru police close case of alleged rape of Somali refugee citing lack of evidence
The Cornall report looked into the first riots on Manus Island, the Moss review into allegations of sexual assault and conduct of service providers on Nauru, and a previous Senate inquiry into the allegations of abuse on Nauru.
The reports have consistently found evidence of violence against asylum seekers, including rape and sexual assault of women, sexual abuse of children, assaults on men, women, and children, as well as inadequate medical care, poor food and insufficient drinking water, and high levels of psychological trauma.The reports have consistently found evidence of violence against asylum seekers, including rape and sexual assault of women, sexual abuse of children, assaults on men, women, and children, as well as inadequate medical care, poor food and insufficient drinking water, and high levels of psychological trauma.
The detention centres are off-limits to journalists, so much that is known about them has come from whistleblowers.The detention centres are off-limits to journalists, so much that is known about them has come from whistleblowers.
But the Border Force Act, passed in July, carries a two-year prison sentence for anybody disclosing information about the centres, their operation or treatment of asylum seekers held within. Doctors disclosing failures in healthcare can be prosecuted. But the Border Force Act, passed in July, carries a two-year prison sentence for anyone disclosing information about the centres, their operation or treatment of asylum seekers held within. Doctors disclosing failures in healthcare can be prosecuted.
A disclosure offence under the Crimes Act has also been used by the immigration department to refer news stories to the Australian Federal Police with a view to potentially prosecuting their sources. A disclosure offence under the Crimes Act has also been used by the immigration department to refer news stories to the Australian Federal Police with a view to potentially prosecuting their sources.
But those making the disclosures under parliamentary privilege cannot be prosecuted under the Border Force Act, and submissions to inquiries can be made anonymously. But submissions to parliamentary inquiries can be covered by parliamentary privilege, those making the disclosures cannot be prosecuted under the Border Force Act. Submissions to inquiries can also be made anonymously.
Greens senator Sarah Hanson-Young told Guardian Australia those wanting to disclose information in the public interest should be protected.Greens senator Sarah Hanson-Young told Guardian Australia those wanting to disclose information in the public interest should be protected.
Related: Why can't we know what's happening on Nauru and Manus Island? | Julian BurnsideRelated: Why can't we know what's happening on Nauru and Manus Island? | Julian Burnside
“It is only because of whistleblowers that we get any glimpse of what is really going on inside these horror camps,” she said.“It is only because of whistleblowers that we get any glimpse of what is really going on inside these horror camps,” she said.
“The government has threatened anyone who works in a detention centre with up to two years’ jail if they speak up about the abuse that they see. We’re simply using the powers of the parliament to give protection to concerned detention centre workers who need to speak out.“The government has threatened anyone who works in a detention centre with up to two years’ jail if they speak up about the abuse that they see. We’re simply using the powers of the parliament to give protection to concerned detention centre workers who need to speak out.
“We have to lift the veil of secrecy that hangs over the detention camps in Australia and those offshore in PNG and Nauru. It’s the only way that we can make it safe for the men, women and children who are locked up there.”“We have to lift the veil of secrecy that hangs over the detention camps in Australia and those offshore in PNG and Nauru. It’s the only way that we can make it safe for the men, women and children who are locked up there.”
Also in parliament on Monday, Labor’s shadow immigration minister Richard Marles presented a private member’s bill which would legally bind staff at immigration detention centres to report all child abuse.Also in parliament on Monday, Labor’s shadow immigration minister Richard Marles presented a private member’s bill which would legally bind staff at immigration detention centres to report all child abuse.
Marles’s bill would impose a mandatory 24-hour reporting regime for any staff who “reasonably” believed a child was at risk.Marles’s bill would impose a mandatory 24-hour reporting regime for any staff who “reasonably” believed a child was at risk.
“This bill ensures that there is absolutely no doubt that staff have not only freedom to report abuse but a legal obligation to do so,” he told the House of Representatives on Monday, saying detention was no place for children.“This bill ensures that there is absolutely no doubt that staff have not only freedom to report abuse but a legal obligation to do so,” he told the House of Representatives on Monday, saying detention was no place for children.