edited
18th Aug 2016
Australian Border Force Bill 2015 and related bill - Third Reading - Pass the bill
Passed by a modest majority
No rebellions 60% attendance
14th May 2015, 1:58 PM – Senate Australian Border Force Bill 2015 and related bill - in Committee - Public interest amendment
Summary
EditThe 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.
How to find out more about the bills
Go to the bills digest to learn more about what the bills do and what issues they raise.
Votes Not passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (90% turnout) | 9 Yes – 0 No | |
| Richard Di Natale Victoria | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Scott Ludlam WA | Yes | |
| Lee Rhiannon NSW | Yes | |
| Janet Rice Victoria | Yes | |
| Rachel Siewert WA | Yes | |
| Larissa Waters Queensland | Yes | |
| Peter Whish-Wilson Tasmania | Yes | |
| Penny Wright SA | Yes | |
| Christine Milne Tasmania | Absent | |
| Australian Labor Party (83% turnout) | 0 Yes – 20 No | |
| Catryna Bilyk Tasmania | No | |
| Joe Bullock WA | No | |
| Kim Carr Victoria | No | |
| Jacinta Collins Victoria | No | |
| Sam Dastyari NSW | No | |
| Alex Gallacher SA | No | |
| Katy Gallagher ACT | No | |
| Chris Ketter Queensland | No | |
| Sue Lines WA | No | |
| Joe Ludwig Queensland | No | |
| Jenny McAllister NSW | No | |
| Anne McEwen SA | No | |
| Jan McLucas Queensland | No | |
| Claire Moore Queensland | No | |
| Deborah O'Neill NSW | No | |
| Nova Peris NT | No | |
| Helen Polley Tasmania | No | |
| Lisa Singh Tasmania | No | |
| Glenn Sterle WA | No | |
| Anne Urquhart Tasmania | No | |
| Carol Brown Tasmania | Absent | |
| Doug Cameron NSW | Absent | |
| Stephen Conroy Victoria | Absent | |
| Penny Wong SA | Absent | |
| Ricky Muir Victoria Australian Motoring Enthusiast Party | Absent | |
| Nigel Scullion NT Country Liberal Party | Absent | |
| Gavin Marshall Victoria Deputy President | Absent | |
| Bob Day SA Family First Party | Absent | |
| Nick Xenophon SA Independent | Yes | |
| Jacqui Lambie Tasmania Independent | Absent | |
| Glenn Lazarus Queensland Independent | Absent | |
| John Madigan Victoria Independent | Absent | |
| David Leyonhjelm NSW Liberal Democratic Party | Yes | |
| Liberal National Party (100% turnout) | 0 Yes – 2 No | |
| Matthew Canavan Queensland | No | |
| James McGrath Queensland | No | |
| Liberal Party (75% turnout) | 0 Yes – 18 No | |
| Christopher Back WA | No | |
| Cory Bernardi SA | No | |
| Simon Birmingham SA | No | |
| George Brandis Queensland | No | |
| David Bushby Tasmania | No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Mathias Cormann WA | No | |
| Sean Edwards SA | No | |
| David Fawcett SA | No | |
| Mitch Fifield Victoria | No | |
| David Johnston WA | No | |
| Marise Payne NSW | No | |
| Michael Ronaldson Victoria | No | |
| Anne Ruston SA | No | |
| Scott Ryan Victoria | No | |
| Arthur Sinodinos NSW | No | |
| Dean Smith WA | No | |
| Eric Abetz Tasmania | Absent | |
| Concetta Fierravanti-Wells NSW | Absent | |
| Bill Heffernan NSW | Absent | |
| Ian Macdonald Queensland | Absent | |
| Linda Reynolds WA | Absent | |
| Zed Seselja ACT | Absent | |
| National Party (100% turnout) | 0 Yes – 4 No | |
| Bridget McKenzie Victoria | No | |
| Fiona Nash NSW | No | |
| Barry O'Sullivan Queensland | No | |
| John Williams NSW | No | |
| Nick Xenophon SA Nick Xenophon Team | Absent | |
| Dio Wang WA Palmer United Party | Absent | |
| Stephen Parry Tasmania President | No | |
| Totals (75% turnout) | 11 Yes – 45 No |
Turnout is the percentage of members eligible to vote that did vote.