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The Guardian - AU
The Guardian - AU
National
Christopher Knaus and Ben Doherty

Border force broke with recent convention when it sent election-day release about boat arrival

The Australian Border Force logo
Before election day, five boat interceptions occurred as part of Operation Sovereign Borders since mid-2018 and Australian Border Force publicised none of them through a press release, analysis shows. Photograph: Lukas Coch/AAP

Australian Border Force did not issue press releases about any of the five boat interceptions it made in the four years prior to its controversial election-day announcement that a vessel had been detected near Christmas Island, prompting further questions about the political independence of the agency.

The ABF is investigating its election-day conduct, which the acting prime minister, Richard Marles, has described as a “disgrace”.

The agency issued a press release as voting was under way, warning of the interception of an asylum-seeker boat off Christmas Island, precipitating a last-minute scare campaign warning voters to maintain border security by voting Liberal.

Former home affairs minister Karen Andrews said on Wednesday she was given advance warning of the press release but had no role in approving its release.

Andrews said the circumstances of the arrival of the boat from Sri Lanka on election day were unusual and warranted transparency.

“Border force would have been releasing it in any event, making that statement,” Andrews said. “I think it was important, given where we were – it was election day – that people did have a statement that made it very clear what was happening but in a very operationally focused statement. That was important.”

But an analysis of publicly available data on boat interceptions and the ABF’s press release archive since 2018 suggests the agency’s activities were highly unusual.

Data shows there have been five interceptions as part of Operation Sovereign Borders since mid-2018 – three in 2019-20 and two in 2018-19.

None of those interceptions were publicised through a press release, either on the ABF’s website or via its email distribution list.

The ABF’s long-term practice, stretching back to 2018, has been to instead issue monthly reports about Operation Sovereign Borders which contain data about any interceptions made during the time period.

The laws governing the Australian public service require them to adhere to a list of five values, one of which is impartiality. It is particularly careful to adhere to its obligation of impartiality during election campaigns.

Paul Power, chief executive of the Refugee Council of Australia, said the issuing of the election-day press release appeared to be a “a significant departure from the conventions that are supposed to apply during an election campaign”.

“And it does raise doubts about the political independence of the agency,” he said.

“We’d also be very keen to see the new government investigate the rumours that this boat arrival was anticipated several weeks ago.”

Ian Rintoul, a spokesman for the Refugee Action Coalition, said the press release was highly unusual and contrasted with the ABF’s usual lack of transparency about boat turn-backs.

“There is no doubt that it’s quite unusual,” he said. “The whole situation of the turn-backs is opaque, and the only way we’ve found out about the turn backs is by asking questions in the Senate.”

An ABF spokesperson declined to comment, citing the internal investigation currently under way.

“The acting prime minister has requested a review into the circumstances of the statement that was published on the ABF newsroom 21 May 2022,” the spokesperson said.

“The report from the secretary will be provided to the government for its consideration. As such, it would be inappropriate to comment on the matter at this time.”

The treasurer, Jim Chalmers, said the former government breached the bipartisan approach to border protection in a last-ditch effort to sway voters.

“We’ve communicated our displeasure at the publication and politicisation of that boat ... on election day,” he told the ABC. “We shouldn’t be dealing with border security in that fashion.”

The asylum seekers on board the boat have since been turned back and returned to Sri Lanka.

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