New laws criminalise recording of information and whistleblowing
The Australian Border Force Act 2015 (Cth) (‘the Act’) commenced on 1 July 2015. It places onerous secrecy restrictions on anyone who works for, or provides services to, the Australian Border Force (essentially Customs and Immigration and Border Protection workers or contractors) or the Department of Immigration and Border Protection (together known as the ‘Department’).
The Act is far-reaching. It covers state, territory and foreign government employees. Workers such as medical practitioners, allied health professionals, nurses, counsellors and teachers, need to be aware that when they are treating or otherwise providing services to asylum seekers, they are actually providing services to the Department. Consequently, they are subject to the secrecy provisions of the Act.