Peter Dutton (Dickson, Liberal Party, Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

Australia's border is a national asset that defines the space within which our democratic and sovereign nation state can prosper. It supports a strong economy by serving as a global gateway for trade, and enabling business and the operation of free markets. It supports strong national security by interdicting prohibited goods and people who seek to do us harm. The border also contributes to a prosperous and cohesive society with a rich and diverse culture, by promoting the freedoms and responsibilities of Australian citizenship and helping to create safer communities.

In short, our border creates the space where we can be who we are and become who we want to be as a nation.

Maintaining our borders as a secure platform for legitimate trade, travel and migration is a core responsibility of the Australian government and this is a responsibility we take very seriously. There is little point in having a planned migration program or laws around the movement of goods and people if we cannot protect the integrity of those programs.

In the environment of ongoing growth in trade and travellers to Australia, the Australian Border Force Bill 2015 and the other border protection reforms being implemented by this government position our nation to confront the challenges posed by increased border interactions.

This bill establishes the statutory office of the Australian Border Force Commissioner, who will command the Australian Border Force as a new, front-line operational border control and enforcement entity within the Department of Immigration and Border Protection that will enforce customs and immigration laws and protect Australia's borders.

The Australian Border Force Commissioner will be our most senior border law enforcement officer who will lead a professional and agile team of highly trained officers tasked with protecting and maintaining our borders.

The commissioner will have the same standing as other heads of key national security related agencies, such as the Commissioner of the Australian Federal Police or the Chief of the Australian Defence Force.

The powers and functions of the commissioner are conferred under the Customs Act 1901, the Migration Act 1958, the Maritime Powers Act 2013 and other Commonwealth laws.

The commissioner will also be the Comptroller-General of Customs, with responsibility for the enforcement of customs law and the collection of border related revenue.

The Australian Border Force will not be a separate agency for the purposes of the Public Service Act 1999, the Public Governance, Performance and Accountability Act 2013, or the Privacy Act 1988. The secretary of my department will remain the accountable authority for PGPA Act purposes and will remain the agency head for Public Service Act purposes.

The secretary will make available the resources, strategy, policy, corporate and enabling support the Australian Border Force needs to operate effectively.

This removes unnecessary duplication and enables the deployment of a greater proportion of resources into the front line. It also contributes to a more efficient government footprint that will assist in achieving fiscal repair and ensuring the sustainability of government operations.

The Australian Border Force will bring together the people, capability and systems from across my portfolio that protect the border and facilitate the lawful passage of people and goods.

This bill also enables the full integration of the Australian Customs and Border Protection Service and the Department of Immigration and Border Protection into a single department of state.

Staff performing operational functions in the Australian Customs and Border Protection Service will move into the Australian Border Force. Departmental staff who will transfer into the Australian Border Force include those working in immigration compliance, enforcement, detention services and other operational functions. All other functions from the service will be integrated within the broader department.

By removing the traditional silos of immigration and customs, my department—and within it the Australian Border Force—will deliver an improved capability that truly focuses border policies, strategy and operations in an integrated and holistic way.

The establishment of an integrated border entity is not a new concept. It has been a theme of global border reform, in particular in the United States through the Department of Homeland Security and a series of reforms at the UK Home Office.

In bringing forward our reforms, we have studied these overseas experiences carefully. The model the government is implementing takes account of what has worked well for other countries, but also takes into account the unique challenges we face here.

The Australian Border Force will encompass not only those people who staff our air and sea borders at airports and ports, but also those involved in detection, investigations, compliance and enforcement in relation to illicit goods and illegal visitors. This includes management of detention facilities and the removal of noncitizens who do not have a right to remain in Australia.

The Australian Border Force will also include staff who serve beyond our borders, working in operational roles with our regional partners to secure Australia's maritime zone, prevent and deter illegal arrivals and the movement of prohibited goods.

While the Australian Border Force will deliver an important law-enforcement and national security capability in its own right, it will not operate alone. The Australian Border Force will work in close collaboration with national security, defence, law enforcement and intelligence partners domestically and overseas to deliver a secure border.

This integrated approach has proved to be a key element of our government's success under Operation Sovereign Borders in stopping the destructive people-smuggling trade.

To underpin community confidence in Australia's immigration, customs and border arrangements, it is imperative that the Australian Border Force is established as a professional and disciplined workforce.

The bill provides that certain immigration and border protection workers in the Australian Border Force or performing services for the force may be requested to make and subscribe an oath or affirmation. This requirement sets an up-front marker that the government and the public expect the highest standards of professionalism and integrity for officers that are exercising significant enforcement powers. The commissioner will also be required to make and subscribe an oath or affirmation on commencement of his or her office.

An employee who has made or subscribed such an oath or affirmation must not engage in conduct that is inconsistent with the oath or affirmation.

This bill also gives power to the secretary and ABF Commissioner to give written directions in connection with the administration and control of the department and Australian Border Force respectively, and the performance of functions or exercise of powers.

Directions may be made in relation to the setting of essential qualifications for the performance of duties, the mandatory reporting of serious misconduct or criminal activity and the implementation of the professional integrity system for my department.

These directions are binding and failure to follow them represents a breach of the Australian Public Service Code of Conduct.

These provisions will enable the highest standards of operational effectiveness and professional integrity to be achieved throughout my department.

To ensure a safe working environment and increase resistance to corruption, the bill provides that all Immigration and Border Protection workers may be required to undergo an alcohol-screening test, an alcohol breath test, an alcohol blood test or a prohibited drug test.

While the focus of the testing will be on operational and high-risk areas, any departmental employee may be selected randomly for testing.

In addition, the bill provides that alcohol screening involving a breath or blood test, and/​or a prohibited drug test, may be required if an incident occurs such as a workplace injury or death involving a motor vehicle, vessel, the discharge of a firearm or physical force.

The Australian Federal Police, Australian Crime Commission and Australian Customs and Border Protection Service all currently apply similar drug- and alcohol-testing arrangements. The Australian Defence Force also operates a prohibited substance testing program.

To further strengthen integrity arrangements, the bill establishes resignation and termination provisions in circumstances involving serious misconduct.

Where an employee is suspected of serious misconduct such as corruption, a serious abuse of power, a serious dereliction of duty, or any other seriously reprehensible act or behaviour and they tender their resignation, the secretary of the department or the ABF Commissioner would be able to defer the date of effect of resignation by up to 90 days.

This will enable an APS code of conduct investigation to be finalised and where a breach decision is made, consider whether to impose a termination of employment sanction.

Additionally, in cases where the employment of a departmental officer is terminated under the Public Service Act 1999 as a result of serious misconduct, the secretary or ABF Commissioner will be able to make a serious misconduct declaration that excludes the termination of employment from review for unfair dismissal under the Fair Work Act 2009.

These provisions provide a strong signal that serious misconduct will not be tolerated.

Part 6 of the bill establishes important information protections, similar to provisions that are in place within the Australian Customs and Border Protection Service and a range of other Commonwealth agencies.

These protections prohibit the unauthorised making of a record or disclosure of protected information. Breach of this requirement is punishable by imprisonment for two years.

This provision provides assurance to industry and our domestic and international law enforcement and intelligence partners that sensitive information provided to the Australian Border Force and my department more broadly will be appropriately protected. The provision also enables authorised disclosure where this is appropriate.

In summary, the reforms delivered through this bill support the government's priority of ensuring Australia's ongoing success as an open economy and as the world's most successful immigration nation.

This bill will enable the Australian Border Force and the department to create stronger borders. Stronger borders will contribute to safer communities and a prosperous and cohesive society.

This bill deserves the support of all parties. We must take this opportunity to enhance Australia's capacity at the border to manage exponential growth in trade and travellers and combat transnational crime syndicates seeking to exploit our systems.

The government is serious about border protection. The measures in this bill underscore that commitment, and I commend it to the House.

Debate adjourned.