Fact Check: Australian Border Act Sec 42 leak penalty
Question asked:
“《澳洲邊防署法》第42條原本設有最高二年有期徒刑的洩密罪，並曾因被指禁止醫療與社工人員通報收容設施內虐待情事而引發強烈反彈。”
Summary
Section 42 of the Australian Border Force Act originally imposed a maximum two‑year imprisonment for unauthorised disclosures, and this provision sparked strong opposition when it was used to block medical and social‑work staff from reporting abuse in detention facilities. The backlash led to amendments that exempted health professionals from the secrecy clause.
Sources 57 searched
- Australian Border Force Amendment (Protected Information) Bill 2017
2. The Commission welcomes the opportunity to provide a submission to this inquiry. The Commission also welcomes the introduction of the Bill, which proposes to narrow the category of information subject to the secrecy provisions and consequent criminal sanctions in s 42 of the Australian Border Force Act 2015 (Cth) (ABF Act).
- Australian Border Force Act 2015 - Federal Register of Legislation
We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community
- Australian Border Force Bill 2015 [Provisions] and the ...
See Australian Border Force Bill 2015, para. 42(2)(c). ... Public Interest Disclosure Act 2013 (Cth), Long title.
- Research – Parliament of Australia
We are pleased to present Issues and Insights, a new Parliamentary Library publication for the 48th Parliament · Whether you are a policy expert or simply trying to stay ahead of the curve, we hope you will find something in these pages that sparks ideas, challenges assumptions, and helps ...
- Legislative Analysis – Parliament of Australia
The Parliamentary Library Issues & Insights articles provide short analyses of issues that may be considered over the course of the 48th Parliament · Each article gives a high-level perspective of significant public policy issues, covering background, context and legislative history, as well ...
- Australian Border Force Website
obtain restricted information from ... relates was obtained before that date. Both offences are punishable by a maximum penalty of imprisonment for 2 years or 120 penalty units, or both....
- ADMIN 24/064 Australian Border Force (Immigration and
Immigration and Border Protection worker in subsection 4(1) of the Act.
- Immigration detention doctors challenge Border Force Act's secrecy clause in court | Australian immigration and asylum | The Guardian
Section 42 carries a two-year jail term for anyone who makes an ‘unauthorised disclosure’ about conditions in the camps
- Doctors freed to speak about Australia's detention regime after U-turn | Australian immigration and asylum | The Guardian
The amendment means the secrecy and disclosure provisions of the Border Force Act no longer apply to a comprehensive list of health professionals, including doctors, nurses, psychologists, psychiatrists, counsellors, midwives, pharmacists and ...
This fact check is free and donation-based. $1 powers ~30 fact-checks.
