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The head of the newly created Australian Border Force authority, combining Customs and Immigration, says he "sincerely doubts" medical professionals who have spoken out about conditions in detention centres will be targeted under new laws which come into effect on Wednesday.
More than 40 former detention centre workers, including health professionals and teachers, have signed an open letter addressed to Prime Minister Tony Abbott, Immigration Minister Peter Dutton and Opposition Leader Bill Shorten, daring the government prosecute them for advocating for asylum seekers held in camps on Nauru and Manus Island.
Under section 42 of the Australian Border Force Act, an "entrusted person" can be jailed for two years for disclosing "protected information".
"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," the letter says.
Shortly after being sworn in as Border Force Commissioner on Wednesday, Roman Quaedvlieg said the provisions had been "over-interpreted".
Asked directly if the signatories would be prosecuted, he replied: "I sincerely doubt that."
Crucially, Mr Quaedvlieg said he did not consider the quality of conditions in detention centres as "classified information".
"This is about the leaking of classified information that can compromise operational security or our sovereignty, it's not about people having a right to be outspoken in the community about a range of things," he said.
But he vowed those who leak secret information, but not whistleblowers, would be targeted.
"If classified information is leaked we will conduct an investigation and if they have breached or committed a criminal offence then they will be prosecuted," he said.
The commissioner said he was committed to engaging with the community but said he would not stray from the extreme secrecy that surrounds Operation Sovereign Borders, and Australia's treatment of asylum seekers who travel by boat.
"Operational security is paramount and I don't intend to stray from the current position, " he said.
The Commissioner was sworn in at a ceremony attended by Mr Abbott and Mr Dutton. Asked on his way into the event whether the detention centre workers should be prosecuted, the Prime Minister refused to answer.
In his official speech, Mr Abbott sought God's blessing for the commissioner, his work and the country.
"The mission of the Australian Border Force is to ensure the legitimate passage of people and goods through our borders while preventing all illegal passage," he said.
"You have a heavy responsibility, you have a challenging job…May God bless you, may God bless your work, may God bless the country you are helping to protect and prosper," he said.
