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Tony Abbott and Peter Dutton at a press conference outside parliament in Canberra in June.
Tony Abbott and Peter Dutton at a press conference outside parliament in Canberra in June. Photograph: Mike Bowers/The Guardian
Tony Abbott and Peter Dutton at a press conference outside parliament in Canberra in June. Photograph: Mike Bowers/The Guardian

Open letter on the Border Force Act: 'We challenge the department to prosecute'

This article is more than 8 years old

More than 40 current and former workers at Australia’s detention centres on Nauru and Manus Island challenge Tony Abbott and Peter Dutton to prosecute them under new secrecy laws for speaking out over human rights abuses

Open letter regarding the Border Force Act 2015

Today the Border Force Act comes into force. It includes provision for a two-year jail sentence for “entrusted persons” such as ourselves if we continue to speak out about the deplorable state of human rights in immigration detention without the express permission of the minister for immigration and border protection. This strengthens the wall of secrecy which prevents proper public scrutiny.

We have advocated, and will continue to advocate, for the health of those for whom we have a duty of care, despite the threats of imprisonment, because standing by and watching sub-standard and harmful care, child abuse and gross violations of human rights is not ethically justifiable.

If we witness child abuse in Australia we are legally obliged to report it to child protection authorities. If we witness child abuse in detention centres, we can go to prison for attempting to advocate for them effectively. Internal reporting mechanisms such as they are have failed to remove children from detention; a situation that is itself recognised as a form of systematic child abuse.

Evidence of the devastating effects of institutional self-protection and blindness to child abuse has been presented before the current royal commission. We are determined not to collude with a system that repeats these same mistakes.

There are currently many issues which constitute a serious threat to the health of those in detention for whom we have a duty of care. The Department of Immigration and Border Protection is aware of these problems and has for years failed to address them adequately.

We are aware that in publishing this letter we may be prosecuted under the Border Force Act and we challenge the department to prosecute so that these issues may be discussed in open court and in the full view of the Australian public.

Dr John-Paul Sanggaran, MBBS M.H.Med B.H.Sc, former IHMS medical officer

Dr Richard Kidd, BHB, MBChB, Dip.Obs., FAMA, Deputy Chair AMACGP, former IHMS medical officer

Dr Grant Ferguson, MBBS B.Sc (Hons), former IHMS medical officer

Dr Ben Hew, MBBS B.Sc, former IHMS medical officer

Dr Alison Bleaney, MBchB FRACRRM OBE, former IHMS medical officer

Dr Merrilyn Williams, MBBS, M. (GP Psych) FACRRM, former IHMS medical officer

Dr Ai-Lene Chan, MBBS FRACGP ObsSC MPH&TM, former IHMS medical officer

Dr John Vallentine, MBBS MRCP, former IHMS medical officer

Dr Jill Maxwell, MBBS OAM, former IHMS medical officer

Dr Sally Manuell, MBBS FRACGP, former IHMS medical officer

Prof Bernard Pearn-Rowe, BSc (Hons), MBBS, FAMA, former IHMS medical officer

Tracey Donehue, secondary school teacher

Judith Reen, secondary school coordinator

Jane Willey, former secondary school teacher

Evan Davis, former senior secondary school teacher

Dr Peter Young, MBBS FRANZCP, former IHMS medical director mental health services

Steve Brooker, BSc MA, former IHMS director of mental health services

Dr Rodney Juratowitch, MBBS FRANZCP, former IHMS psychiatrist

Dr Amanda Trenaman, MBBS, FRANZCP, former IHMS psychiatrist

Prof Robert Adler, PhD MBBS, former IHMS psychiatrist

Ryan Essex, BHSc, Grad Dip Psych, BSocSc (Psych), (Hons), MHL, MPH, former IHMS counsellor

James Harris, former case manager and residential youth worker

Toby Gunn, former child and youth recreation officer

Samantha Betts, BA, former child and youth recreation worker

Martin Reusch, former humanitarian worker

Timm Knapp, former humanitarian worker

Amanda Lloyd-Tait, former humanitarian worker

Jennifer Dennis, former humanitarian worker

Amy Marden, former humanitarian worker

Prof David Isaacs, MBBChir MD FRACP FRCPCH, former IHMS paediatrician

Dr Hasantha Gunasekera, MBBS FRACP, former IHMS paediatrician

Alanna Maycock, BN RN, former IHMS paediatric nurse

Prof Louise Newman, MBBS PhD FANZCP AM, former DEHAG consultant IHMS psychiatrist

Dr Micheal Dudley, AM MBBS BD FRANZCP, former DEHAG consultant

Prof Caroline de Costa, PhD MPH MBBS BA FRANZCOG FRCOG, former DEHAG consultant

Viktoria Vibhakar, MSW, LCSW, AASW, former senior child protection and support worker

Ashleigh Millard, former adult case manager and social worker

Jaime O’donovan, former social worker, child protection team

Hamish Tacey, BBehavSc, former unaccompanied minor team leader and refugee assistance program case manager

Serena Hansen, former case manager and residential team leader

Marc Isaacs, BA (Com), BA (Int.S), former recreations manager

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