FA151200278 Documents Released

FOI Document #1
Cc:PortfolioMedia
Subject:FORCLEARANCE:s22(1)(a)(ii)
asylumseekers[SEC=PROTECTED,DLM=Sensitive]
His22(1
)(a)(ii)
s22(1)(a)(ii)
s47C
s22(1)(a)(ii)
Thanks,
s22(1)(a)(ii)
MediaOperations
CommunicationandMediaBranch|ExecutiveDivision
ImmigrationandBorderProtectionPortfolio
24hourmedialine:0262642244
E:media@customs.gov.au
s22(1)(a)(ii) - administrative email
Page 2 of 0
FOI Document #2
Thanks
s22(1)(a)(ii)
s22(1)(a)(ii)
Media Advisor
Joint Agency Task Force | Operation Sovereign Borders
Immigration and Border Protection Portfolio
P: s22(1)(a)(ii)
E: s22(1)(a)(ii) @customs.gov.au
From: Portfolio Media

Sent: Wednesday, 10 June 2015 12:24 PM
To: s22(1)(a)(ii)
Cc:
Portfolio Media
Subject: FW: s22(1) Indonesia story [SEC=UNCLASSIFIED]
(a)(ii)
s22(1)(a)(ii)
Hi
WouldJATFbecomfortableifwesharedourlineonthismatterwithDFAT?
TheAustralianGovernmentdoesnotcommentonordiscloseoperationaldetailswherethiswouldprejudicethe
outcomeofcurrentorfutureoperations.
Cheers,
s22(1)(a)(ii)
s22(1)(a)(ii)
MediaOperations
CommunicationandMediaBranch|ExecutiveDivision
ImmigrationandBorderProtectionPortfolio
Phone:s22(1)(a)(ii)
|24hourmedialine:(02)62642244|E:media@customs.gov.au
Page 2 of 0
FOI Document #2
Page 3 of 0
FOI Document #2
s22(1)(a)(ii) - media inquiry
Page 4 of 0
FOI Document #3
FOR OFFICIAL USE ONLY

OSB-1015
OPERATION SOVEREIGN BORDERS JOINT AGENCY TASK FORCE
6/01/2016
ALLEGATIONS OF PAYMENTS TO SIEV CREW

CURRENT ISSUE
Media reporting has claimed that Australian officials paid thousands of dollars
to the captain and crew of a people smuggling venture that was returned to
Indonesia.
KEY FACTS/KEY FIGURES
The Australian Government does not comment on or disclose
operational details where this would prejudice the outcome of current
or future operations.
A range of information concerning operations is released by way of a
monthly media statement and operational update fact sheet. This next
release will occur in early July.
The priority the Australian Government is and always will be the
protection of life at sea.
QUESTIONS AND RESPONSES
If asked, has the Indonesian Government asked the Australian Government
for an explanation of these allegations?
Australia continues to work closely with Indonesia to strengthen
bilateral cooperation across the broad range of common interests and
cooperation we share.
Australia remains committed to working with Indonesia to improve our
ability to address people smuggling and to respond to safety of life at
sea issues in the region.
PDR No. QB15-000305
FOI Document #4
s22(1)(a)(ii)
AustralianEmbassyJakarta
T:s22(1)(a)(ii)
E: s22(1)(a)(ii)
(w)|s22(1)(a)(ii)
(m)
@dfat.gov.au
I wont comment on operational matters, and the Embassy is not aware of

what happens on water in any case.
But what is important is that people smuggling is not a problem of either

Indonesia or Australias making
and Australias policies have contributed to a significant fall in dangerous

maritime ventures.
We also welcome Indonesias efforts to accommodate irregular migrants who

have recently arrived here.
Australia is assisting Indonesia to manage these migrants through our

multi-million dollar [AUD 41.9] program to IOM in Indonesia
funding food, water and medical assistance for these migrants
and meeting the costs of returning migrants like the Bangladeshis.
Page 2 of 0
FOI Document #6
PleasefindattachedthedraftQTBrelatingtos33(a)(i)
s22(1)(a)(ii)
Regards
s22(1)(a)(ii)
T:s22(1)(a)(ii)
JointAgencyTaskForceOperationSovereignBorders
|M:s22(1)(a)(ii)
|E:s22(1)(a)(ii) @customs.gov.au
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FOI Document #6

OSB-1015
OPERATION SOVEREIGN BORDERS JOINT AGENCY TASK

FORCE
23/03/2016

CURRENT ISSUE
to the captain master and crew of a people smuggling venture that was
returned to Indonesia.
The priority the Australian Government is, and always will be, the
ability to address people smuggling and to respond to Ssafety of Llife at
Ssea (SOLAS) issues in the region.
PDR No. QB15-000305
FOI Document #7

OSB-1015
23/03/2016

CURRENT ISSUE
to the master and crew of a people smuggling venture that was returned to
Indonesia.
ability to address people smuggling and to respond to Safety of Life at
Sea (SOLAS) issues in the region.
PDR No. QB15-000305
FOI Document #9
Contingency Points migration issues

s22(1)(a)(ii)
FOI Document #9
s22(1)(a)(ii)
If raised, media reporting that has claimed that Australian officials paid thousands of
dollars to the master and crew of a people smuggling venture that was returned to
Indonesia.
.
.
.
The Australian Government does not comment on or disclose operational details

where this would prejudice the outcome of current or future operations.
The priority of the Australian Government is, and always will be, the protection
of life at sea.
Australia remains committed to working with Indonesia to improve our ability
to address people smuggling and to respond to Safety of Life at Sea (SOLAS)
issues in the region.
FOI Document #10
From: s22(1)(a)(ii)
@customs.gov.au]
Sent: Monday, 15 June 2015 1:33 PM
To: s22(1)(a)(ii)
Cc: s22(1)(a)(ii)
Subject: Ad-Hoc Response MO Request - ISRG 2591 (2) [DLM=For-Official-Use-Only]
Importance: High
His22(1)
(a)(ii)
Asdiscussed,thesearetheDIBPfiguresforboatsandIMAsthathavebeenprovidedtoMinisterDuttonsoffice.
s22(
1)(a)
This email message and any attached files may be protected information under section 16 of the Customs
Administration Act 1985 (CA Act) and may also contain information that is confidential, and/or subject to
legal professional privilege.
Thecontentofthisemailisintendedonlyforusebytheindividualorentitytowhomitisaddressed.
IfyouAREtheintendedrecipient,andaresubjecttoanundertakingprovidedundersection16oftheCAAct,you
mustnotuseorfurtherdisclosetheinformationwithinthisemailexceptforthepurposeforwhichitwasprovidedto
youorotherwiseasrequiredorauthorisedbylaw.
IfyouareNOTtheintendedrecipient,youmustnotuse,copy,disseminate,forward,retainorreproducethisemail.If
youreceivethisemailinerror,pleasenotifytheCustomsIncidentResponseCentreimmediatelyon1800303387
(24hrs)anddeleteallcopiesofthisemailandanyattachments.
UnsolicitedcommercialemailsMUSTNOTbesenttotheoriginatorofthisemail.
From 1 July 2015 email addresses will change from '@immi.gov.au' or '@customs.gov.au' to
'@border.gov.au'. This is to reflect the Department of Immigration and Border Protection and the Australian
Customs and Border Protection Service integrating into a single organisation - the Department of
Immigration and Border Protection - on 1 July 2015. At this time the Australian Border Force will be
established within the Department. Please update your records and systems to reflect this change.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
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must not review, copy, disseminate or disclose its contents to any other
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have received this message in error, please notify the sender immediately by
return email informing them of the mistake and delete all copies of the
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______________________________________________________________________
Page 2 of 0
FOI Document #10
PAYMENTS TO PEOPLE SMUGGLERS

Why are taxpayer funds being used to pay off people smugglers?
The Government does not detail activity under Operation Sovereign Borders.
What matters is that under Operation Sovereign Borders, the boats have stopped
and so have the deaths at sea.
Under the Coalition, there has been one arrival since December 2013; and based
on Labors record, the Coalition has prevented the deaths of about 350 people.
No organisation has done more to line the pockets of people smugglers in our
region in the past decade than the Australian Labor Party
Under Labor, the people smugglers prospered in a half-billion dollar illegal
trade based on 50,000 arrivals paying an average of $10,000 per voyage.
Labors record was a team effort:
As Immigration Minister, Member for McMahon (Bowen) oversaw 398 boats
carrying 24,447 people paying people smugglers about $244.47 million.
As Immigration Minister, Member for Gorton (OConnor) oversaw 183 boats
carrying 12,386 people paying people smugglers about $123.86 million.
In less than three months as Immigration Minister, Member for Watson (Burke)
oversaw 68 boats carrying 5,358 people paying $53.58 million.
Under the Coalition, the price has dropped to as little as $1000 (ABC 24/3/14)
because the success of OSB means nobody wants to pay for a fruitless journey.
Our collaboration with law enforcement agencies in the region has seen
295 people smugglers arrested
Under Labor, known people smuggler Captain Emad was brought to Australia,
released into the community, given tax-payer funded public housing and found
working in Canberra by the ABC.
We are stopping the boats, just as we promised the Australian people we would.
FOI Document #10
If asked: did ASIS pay people smugglers?

Opposition should know that there is a long-standing tradition of not
commenting on intelligence operations.
If asked: is the Government damaging ties with Indonesia
The Government works closely with Indonesia on combating people smuggling
to combat people smuggling and improve safety of life at sea responses
s33(a)(iii)
We are managing relations with Indonesia transparently and predictably.

s33(a)(iii)
If asked: have Australian agencies broken the law?

Australian agencies have acted within the law.
FOI Document #11
From 1 July 2015 email addresses will change from '@immi.gov.au' or '@customs.gov.au' to
'@border.gov.au'. This is to reflect the Department of Immigration and Border Protection and the Australian
Customs and Border Protection Service integrating into a single organisation - the Department of
Immigration and Border Protection - on 1 July 2015. At this time the Australian Border Force will be
established within the Department. Please update your records and systems to reflect this change.
______________________________________________________________________
______________________________________________________________________
Page 3 of 0
FOI Document #11
If asked: did ASIS pay people smugglers?

Opposition should know that there is a long-standing tradition of not
commenting on intelligence operations.
If asked: is the Government damaging ties with Indonesia
The Government works closely with Indonesia on combating people smuggling
to combat people smuggling and improve safety of life at sea responses
s33(a)(iii)
We are managing relations with Indonesia transparently and predictably.

s33(a)(iii)
If asked: have Australian agencies broken the law?

Australian agencies have acted within the law.
FOI Document #11

OSB-1015
4/04/2016

CURRENT ISSUE
Indonesia.
PDR No. QB15-000305
FOI Document #12
THE HON PETER DUTTON MP

MINISTER FOR IMMIGRATION
AND BORDER PROTECTION
File Ref:
Dr Rosemary Laing
Clerk of the Senate
Parliament House
CANBERRA ACT 2600
Dear Dr Laing
I refer to the motion moved on 16 June 2015, in which Senator Hanson-Young moved that:
(a) There be laid on the table by the Assistant Minister for Immigration and Border
Protection, by 3pm on 17 June 2015, all documents containing information pertaining
to:
(i)
any money paid to anyone on board a vessel en route to
Australia or New Zealand by any Customs, Immigration or
other Commonwealth officer from September 2013 to date,
and
(ii)
the facilitation or authorisation of the payment of any money to
anyone on board a vessel en route to Australia or New
Zealand by any Customs, Immigration, ASIS or other
Commonwealth officer from September 2013 to date, and in
relation to any such payment, a document containing
information pertaining to the details of the interception of the
vessel, the amount of money paid, to whom and for what
purpose; and
(b) there be laid on the table by the Assistant Minister for Immigration and Border
Protection, by 3pm on 17 June 2015, any documents produced by the Office of the
Minister for Immigration and Border Protection, the Department of Immigration and
Border Protection or the Australian Customs and Border Protection Service regarding:
(i)
the interception of a vessel en route to Australia or New
Zealand in May 2015,
(ii)
any orders to turn back or take back that vessel, its
passengers or crew, and
(iii)
any payments made to the vessels captain, crew or
passengers, and;
(iv)
any payments made to the vessels captain, crew or
passengers and any payments made in relation to the passage
of the vessel, its passengers or crew.
Parliament House Canberra ACT 2600 Telephone: (02) 6277 7860 Facsimile: (02) 6273 4144
FOI Document #12
2
Regarding the documents for which the notice of motion calls, I submit that such documents
should be withheld from the Senate on the following grounds of Public Interest Immunity:
material the disclosure of which could reasonably be expected to cause damage to

national security, defence, or international relations, including disclosure of
documents or information obtained in confidence from other governments;
material relating to law enforcement or protection of public safety which would, or

could reasonably be expected to:
o
o
o
prejudice the investigation of a possible breach of the law or the enforcement

of the law in a particular instance;
endanger the life or physical safety of any person;
disclose lawful methods or procedures for preventing, detecting, investigating,
or dealing with matters arising out of, breaches or evasions of the law the
disclosure of which would, or would be reasonably likely to, prejudice the
effectiveness of those methods or procedures; or
prejudice the maintenance or enforcement of lawful methods for the
protection of public safety.
Reasons
The magnitude of the irregular maritime people smuggling problem and the related social
and economic damage provides context to this public interest immunity claim. Between the
years 2008 and 2013, Australia saw dramatic increases in maritime people smuggling.
Annual arrivals rose from 161 illegal maritime arrivals in the 2008 calendar year to 20,720 in
the 2013 calendar year. The tragic reality of this escalation was the number of people
known to have lost their lives at sea. People smuggling is known to have cost the lives of at
least 1,203 people between August 2008 and December 2013. Of these, 1,194 people have
lost their lives since October 2009. Those fortunate enough to survive these tragedies at
sea face enduring trauma. Many survivors cope with ongoing and significant physical injury.
Conversely, only one people smuggling venture has reached Australian shores since
mid-2014. Additionally, there have been no known deaths at sea since December 2013. The
confidence of the Australian public in the integrity of Australias migration programme and
the security of our borders has been restored.
The financial cost associated with handling illegal maritime arrivals has decreased over this
same period, with the success of Operation Sovereign Borders and its flow-on effects
delivering more than half a billion dollars of savings in the 2015-16 Budget.
Specifically, the release of the documents requested relate to operational matters, which
should not be disclosed for the following reasons of public interest:
they would, or could reasonably be expected to, cause damage to national security,
defence, or international relations, including disclosure of documents or information
obtained in confidence from other governments; and
they contain material relating to law enforcement or the protection of public safety
which would, or could reasonably be expected to:
o
prejudice the investigation of a possible breach of the law or the enforcement

of the law in a particular instance;
endanger the life or physical safety of any person.
disclose lawful methods or procedures for preventing, detecting, investigating,

or dealing with matters arising out of breaches or evasions of the law the
disclosure of which would, or would be reasonably likely to, prejudice the
effectiveness of those methods or procedures;
FOI Document #12
3
o
prejudice the maintenance or enforcement of lawful methods for the

protection of public safety; or
Specifically, the requested documents may:
Disclose information which reveals the location, capacity, patrol and tactical
routines relevant to Australian Defence Force and Customs and Border
Protection vessels and aviation assets. The release of this information:
o
Would undermine the tactical advantage of civil maritime surveillance

assets over people smugglers, who may use this information to avoid or
trigger detection, or to precipitate a search and rescue response. People
smugglers have shown a high level of sophistication when it comes to
forward planning and the use of entry corridors when initiating and
conducting people smuggling and other serious criminal activities. The
provision of information such as that contained in the documents
requested will further enhance the knowledge of people smugglers in this
context;
Would undermine the Commonwealth of Australias ability to protect

vulnerable Illegal Maritime Arrivals from the practices of people smugglers
and other serious criminal activities.
Would undermine more generally

Command assets which seek to
more generally, and in response
threats including the security of
exploitation of natural resources.
the effectiveness of Border Protection

maintain maritime security awareness
to a broad range of maritime security
oil and gas platforms and the illegal
Enable an exploitation of confidential methodology and processes used by

Australian Defence Force and Australian Customs and Border Protection vessels
and assets.
Information about the arrival of ventures, in breach of
communications protocols established by Commander JATF, including the timing
of arrival, the composition of passengers including ethnicity, sex and age may be
used by people smugglers to:
o
Provide proof of arrival and the basis for release of payment for people
smuggling ventures;
Provide a basis for further positive marketing by people smugglers of

illegal transport arrangements
Undermine communications strategies aimed at clarifying current policy

arrangements for irregular maritime arrivals;
Impact upon Australias relations with foreign States. Australia relies heavily on
the ability and motivation of neighbouring sovereign States to contribute and
cooperate in respect of search and rescue and/or safety of life at sea activities.
The confidentiality of communications and information between the
Commonwealth and the sovereign States is essential to the candid and
collaborative liaison between the respective government agencies that undertake
such activities. Such confidentiality could not be maintained where the protection
of material recording such communications could not be assured. In addition,
information relating to the handling of ventures and IMAs would cause serious
damage to international relations between Australia and regional partners
including Indonesia and Papua New Guinea in that it:
o
Undermines the further development of international agreement and

cooperation;
FOI Document #12
4
o
Undermines the working relationship between operational agencies in

relation to safety of life at sea;
Further increases the tactical advantage of people smugglers and

consequently increases the risk to the wellbeing of IMAs.
I reiterate that similar statements have also been made regarding the operational sensitivity
of the information by the former Commander of the Joint Agency Taskforce,
Lieutenant-General Campbell, and the current Commander, Major General Andrew Bottrell
who recently stated before a Senate committee:
Despite the results achieved under Operation Sovereign Borders to date, people
smugglers continue to try to take advantage of vulnerable people by convincing them to
get on boats for Australia. They use misinformation or distort available public information
to encourage men, women and children to risk their lives at sea. I intend to maintain
the existing protocols established for the release of operational information, which are
designed to balance the public's right to know, the safety of all personnel involved and
the success of the mission. I do not intend to release details surrounding capacity or
tactics relating to on-water operations but will release generic details on returns in
monthly updates after they have been completed and when they are no longer
operationally sensitive.
Accordingly the Government does not believe it is in the public interest to release information
that may compromise current and future operations under Operation Sovereign Borders that
has resulted in a substantial and sustained reduction in maritime ventures and potential
illegal immigrants attempting to reach Australia.
Yours sincerely
(Signed by Minister)
The Hon Peter Dutton MP

Minister for Immigration and Border Protection
17 June 2015
FOI Document #13
<to be inserted on Senator Cashs letterhead>
17 June 2015
Dr Rosemary Laing
Clerk of the Senate
PO Box 6100
Canberra ACT 2600
Dr Laing
I refer to your letter dated 16 June 2015, regarding the motion agreed to by the Senate in relation to
the Tabling of Documents.
Please find enclosed the response provided by myself and the Minister for Immigration and Border
Protection, the Hon Peter Dutton MP.
Yours sincerely
Senator the Hon Michaelia Cash
cc.
Senator the Hon Eric Abetz, Leader of the Government in the Senate
Senator the Hon Mitch Fifield, Manager of Government Business in the Senate
Senator the Hon Penny Wong, Leader of the Opposition in the Senate
Senator Claire Moore, Manager of Opposition Business in the Senate
Senator Sarah Hanson-Young
Senator Jacqui Lambie
Senator Glenn Lazarus
Senator John Madigan
Senator Nick Xenophon
Senator Bob Day
Senator David Leyonhjelm
Senator Ricky Muir
Senator Zhenya Wang
FOI Document #14
UNCLASSIFIED
All,
PleaseseetheattachedmotionrequiringtheAssistantMinisterforImmigrationandBorderProtection(Assistant
MinisterCash)totablebynolaterthan3pmWednesday17June2015variousborderprotectionrelated
documents(detailsintheattached).ThismotionwasagreedbytheSenatethisafternoon.
AssistantMinisterCashsofficeshouldshortlyreceiveaformalletterfromtheClerkoftheSenateoutliningthe
motion.Insummary,itrequirestheMinistertoprovidedocumentsinaccordancewiththeattachednoticebyno
laterthan3pmWednesday17June2015.
OncethedocumentshavebeengatheredandapprovedbytheAssistantMinisterfortabling,ortheAssistant
Ministerhasoutlinedherreasonsfornotbeinginapositiontocomply,pleaseprovidefinalcopiestoJennySawkins
intheSenatesubprogrammingoffice(outsideofthegovernmententrancetotheSenatechamber).
ThedocumentsorreasonsfornotbeingabletocomplyshouldbeaccompaniedbyalettertotheClerkofthe
Senate,DrRosemaryLaing,(orthePresidentoftheSenatedependingontheAssistantMinisterspreference),
signedbytheAssistantMinister,indicatingthatthedocuments/reasonsaretheAssistantMinistersresponseto
theOPD.
s22(
1)
_______________________________________________
s22(1)(a)(ii)
|ParliamentaryLiaisonOfficer
Senate|SG119ParliamentHouse
DepartmentofthePrimeMinisterandCabinet
t:s22(1)(a)(ii)
|m:s22(1)(a)(ii)
s22(1)(a)(ii)
e.
@pmc.gov.au|www.dpmc.gov.au
______________________________________________
______________________________________________________________________
______________________________________________________________________
Page 2 of 0
FOI Document #14
FOI Document #15
Submission
For decision
PDMS Ref. Number MS15-900077
To
Subject
Claim of Public Interest Immunity on an order for the

production of documents in the Senate
Timing
Please action by 1300 on 17 June 2015 to meet the tabling deadline set by the
Senate.
Recommendations
That you:
1. Note the approach to claiming public interest immunity in
response to the motion agreed to by the Senate on
16 June 2015 calling for the production of documents relating
to Operation Sovereign Borders.
agreed / not agreed
2. Sign the letter at Attachment A to the Clerk of the Senate

claiming public interest immunity in respect to providing
these documents.
noted / please discuss
Signature
Date:/./2015
For Official Use Only (FOUO)
FOI Document #15
Ministers Comments
Rejected
Yes/No
Timely
Yes/No
Relevance
Highly relevant
Significantly
relevant
Not relevant
Length
Too long
Right length
Too brief
Quality
Poor 12345 Excellent
Comments:
Key Issues
1. On 16 June 2015 Senator Sarah Hanson-Young (Australian Greens) moved a motion in the
Senate calling for documents pertaining to the interception and return of vessels en route to
Australia, and any payments made to people on board these vessels.
2. The motion (at Attachment C), which was agreed to by the Senate, called for the documents to
be tabled by 3pm on 17 June 2015.
3. In response to this motion, a letter to the Clerk of the Senate has been prepared for your
signature at Attachment A outlining the Governments public interest immunity claim on this
issue.
4. A covering letter from the Assistant Minister for Immigration to the Clerk of the Senate is
at Attachment B for your information. This letter has been provided separately to Minister Cash
for signature.
Background
5. The former Minister for Immigration and Border Protection, the Hon Scott Morrison MP, had
previously made a claim of public interest immunity against a similar order for the production of
documents relating to on-water matters on 18 November 2013.
6. You have been briefed on the events that the Order for Production of Documents covers. The
type of documents encompassed by this motion would include:
Activity summaries
Briefings internally and externally, including Minutes and Talking Points as

necessary
Case note entries and taskings, timelines and charts
FOI Document #15
Chronology reporting of SIEV, SOLAS and SAR events
Coordination messaging
Electronic external enquiry forms
Email correspondence
Entry reporting, including interviews, nomination rolls, screening reports
Guidelines
Information and subject reports
Input into databases and information storage systems (and related reporting
outputs)
Intelligence reporting including requests, plains, interview reports, contacts,

recommendations
Ministerial and Cabinet correspondence and advice, including related briefing and
comments
Operational plans, orders, reports, scans, situational reports
Records of conversations
Reviews and inputs to reviews
Sighting reports including related intelligence, visual contact, interaction, vessel

reporting and asset tasking/movement.
Vessel broadcasts
Consultation internal/external
The Attorney-Generals Department, Australian Federal Police, Department of Prime Minister and
Cabinet, Department of Foreign Affairs and Trade and Department of Defence were consulted in
drafting this response.
Within the portfolio, Border Protection Command, Legal and relevant Deputy Secretaries were
consulted.
Consultation Secretary/CEO
The Secretary is aware of the approach outlined above.
Client service implications

NA
FOI Document #15
Sensitivities
A similar response has been provided to previous requests for documents.
Financial/systems/legislation/deregulation implications
NA
Attachments
Attachment A
Letter from Minister Dutton to Clerk of the Senate in response to an Order to

Produce Documents
Attachment B
Letter from Minister Cash to the Clerk of the Senate, presenting the letter from
Minister Dutton
Attachment C
Motion moved by Senator Sarah Hanson-Young, as agreed to by the Senate
Authorising Officer
Cleared by:
MAJGEN Andrew Bottrell

Commander, Operation Sovereign Borders Joint Agency Task Force
Date: 17 June 2015
Ph: s22(1)(a)(ii)
Contact Officer s22(1)(a)(ii)
Operation Sovereign Borders Joint Agency Task Force, Ph: s22(1)(a)(ii)
Through
CC
Assistant Minister for Immigration and Border Protection

Secretary
Deputy Secretaries
FOI Document #16
Submission
For decision
To
Subject
Claim of Public Interest Immunity on an order for the

production of documents in the Senate
Timing
Please action by 1300 on 17 June 2015 to meet the tabling deadline set by the
Senate.
Recommendations
That you:
1. Note the approach to claiming public interest immunity in
response to the motion agreed to by the Senate on
16 June 2015 calling for the production of documents relating
to Operation Sovereign Borders.
agreed / not agreed
2. Sign the letter at Attachment A to the Clerk of the Senate

claiming public interest immunity in respect to providing
these documents.
Signature
Date:/./2015
FOI Document #16
Ministers Comments
Rejected
Yes/No
Timely
Yes/No
Relevance
Highly relevant
Significantly
relevant
Not relevant
Length
Too long
Right length
Too brief
Quality
Comments:
Key Issues
1. On 16 June 2015 Senator Sarah Hanson-Young (Australian Greens) moved a motion in the
Senate calling for documents pertaining to the interception and return of vessels en route to
Australia, and any payments made to people on board these vessels.
2. The motion (at Attachment C), which was agreed to by the Senate, called for the documents to
be tabled by 3pm on 17 June 2015.
3. In response to this motion, a letter to the Clerk of the Senate has been prepared for your
signature at Attachment A outlining the Governments public interest immunity claim on this
issue.
4. A covering letter from the Assistant Minister for Immigration to the Clerk of the Senate is
at Attachment B for your information. This letter has been provided separately to Minister Cash
for signature.
Background
5. The former Minister for Immigration and Border Protection, the Hon Scott Morrison MP, had
previously made a claim of public interest immunity against a similar order for the production of
documents relating to on-water matters on 18 November 2013.
6. You have been briefed on the events that the Order for Production of Documents covers. The
type of documents encompassed by this motion would include:
Activity summaries
Briefings internally and externally, including Minutes and Talking Points as

necessary
Case note entries and taskings, timelines and charts
FOI Document #16
Chronology reporting of SIEV, SOLAS and SAR events
Coordination messaging
Electronic external enquiry forms
Email correspondence
Entry reporting, including interviews, nomination rolls, screening reports
Guidelines
Information and subject reports
Input into databases and information storage systems (and related reporting
outputs)
Intelligence reporting including requests, plains, interview reports, contacts,

recommendations
Ministerial and Cabinet correspondence and advice, including related briefing and
comments
Operational plans, orders, reports, scans, situational reports
Records of conversations
Reviews and inputs to reviews
Sighting reports including related intelligence, visual contact, interaction, vessel

reporting and asset tasking/movement.
Vessel broadcasts
The Attorney-Generals Department, Australian Federal Police, Department of Prime Minister and
Cabinet, Department of Foreign Affairs and Trade and Department of Defence were consulted in
drafting this response.
Within the portfolio, Border Protection Command, Legal and relevant Deputy Secretaries were
consulted.
Consultation Secretary/CEO
The Secretary is aware of the approach outlined above.

NA
FOI Document #16
Sensitivities
A similar response has been provided to previous requests for documents.
NA
Attachments
Attachment A
Letter from Minister Dutton to Clerk of the Senate in response to an Order to

Produce Documents
Attachment B
Letter from Minister Cash to the Clerk of the Senate, presenting the letter from
Minister Dutton
Attachment C
Motion moved by Senator Sarah Hanson-Young, as agreed to by the Senate
Authorising Officer
Cleared by:
MAJGEN Andrew Bottrell

Commander, Operation Sovereign Borders Joint Agency Task Force
Date: 17 June 2015
Ph: s22(1)(a)(ii)
Operation Sovereign Borders Joint Agency Task Force, Ph: s22(1)(a)(ii)
Through
CC
Assistant Minister for Immigration and Border Protection

Secretary
Deputy Secretaries
FOI Document #17
The point is, that the most moral thing to do is to stop the boats, because while the boats are coming the
evil people smuggling trade flourishes and the deaths at sea continue.
And thats what we have done we have stopped the boats.
The former government put the people smugglers back in business: they presided over 50,000 illegal
arrivals, more than 800 boats and tragically more than 1,100 deaths.
KindRegards
s22(1)(a)(ii)
CounterPeopleSmuggling|DomesticSecurityBranch
NationalSecurityDivision|DepartmentofthePrimeMinisterandCabinet
p.s22(1)(a)(ii)
www.dpmc.gov.au
OneNationalCircuit,BartonACT2600
______________________________________________________________________
______________________________________________________________________
Page 2 of 0
FOI Document #18

OSB-1015
6/01/2016

CURRENT ISSUE
Indonesia.
PDR No. QB15-000305
FOI Document #18

OSB-1015
6/01/2016
On 16 June 2015, Senator Hanson-Young moved a motion that was agreed to in the
Senate which called for an Order to Produce Documents relating to, amongst other
things, payments made to people smugglers, passengers or crew en route to
Australia and New Zealand.
On 17 June 2015, the Government tabled a public interest immunity claim in the
Senate in response to the Order to Produce, stating that documents provided could
reasonably be expected to, amongst other things, cause damage to national security,
defence or international relations.
Senator Hanson-Young has given notice of a motion for 22 June 2015 which would
reject the Governments claim, and seek to prevent The Migration Amendment
(Maintaining the Good Order of Immigration Detention Facilities) Bill 2015.
Senator Hanson-Young has given notice of a motion to be moved on Wednesday 24

June 2015 that would refer to matter to the Legal and Constitutional Affairs
References Committee for inquiry and report by 18 August 2015.
Contact: Major General Andrew Bottrell

Division: OSB - Operation Sovereign Borders
Date first prepared: 11 June 2015
Originating Source: MO
Phone: s22(1)(a)(ii)
Action Officer: s22(1)(a)(ii)
Date last Updated: 6/01/2016 - 3:05 PM
PDR No. QB15-000305
FOI Document #19

OSB-1015
6/01/2016

CURRENT ISSUE
Indonesia.
s33(a)(iii)

In our operations Australia has, and will always, comply with the law.
PDR No. QB15-000305
FOI Document #19

OSB-1015
6/01/2016
Senator Hanson-Young has given notice of a motion for 22 June 2015 which would
reject the Governments claim, and seek to prevent The Migration Amendment
(Maintaining the Good Order of Immigration Detention Facilities) Bill 2015.


PDR No. QB15-000305
FOI Document #20

OSB-1015
6/01/2016

CURRENT ISSUE
Indonesia.
s33(a)(iii)

In our operations Australia has, and will always, comply with the law.
PDR No. QB15-000305
FOI Document #20

OSB-1015
6/01/2016
On 22 June 2015 the Senate agreed to a motion to reject the claim of public interest
immunity. However the proposed part of the motion which sought to prevent
immigration and citizenship leglislation from being introduced was not agreed to.


PDR No. QB15-000305
FOI Document #22
PROTECTED
s47C
PROTECTED
FOI Document #27

s47C
FOI Document #28
s47C
Wethinkthismightmoreaccuratelyreflectthechronologyofeventsandoperationaljudgementsmadebythe
officersconcerned.Wearemindfulofkeepingtheseasaccurateaspossiblebecauseweexpectbothtobesubject
tocomprehensiveofexamination(nowandintothefuture)andwewanttoavoidanyprospectofgiving
contradictoryorpotentiallymisleadinginformationwhichwillbeperceivedpoorly.
Wewelcomeearlyengagementoncoordinationandpreparationforthehearing.
Abi
ABFCommanderAbiBradshaw
DeputyCommanderMaritimeBorderCommand
BorderOperations
AustralianBorderForce
P:s22(1)(a)(ii)
|M:s22(1)(a)(ii)
E:s22(1)(a)(ii)
@border.gov.au
s22(1)(a)(ii) - duplicate email
Page 2 of 0
FOI Document #28
Page 3 of 0
FOI Document #32
From:PEZZULLOMichael
Sent:28/07/20152:02PM
To:BOTTRELLAndrew
Cc:QUAEDVLIEGRoman;OUTRAMMichael;BOEKENSTEINGuy
Subject:RE:JATFSubmissiontoLACACinquiry[SEC=PROTECTED]
Andrew,
Thanks.
NormalprocedureinsuchacaseisfortheMinistertobeconsultedonsuchsubmissionsbeforetheyarelodged.
s47C
YoumightrunthesubmissionbyA/FASEXEC,whocoordinatessuchmattersacrosstheportfolio.
Regards,
MP
Michael Pezzullo
Secretary
Department of Immigration and Border Protection
P:s22(1)(a)(ii)
|E:michael.pezzullo@border.gov.au
Page 2 of 0
FOI Document #32
Page 3 of 0
FOI Document #36
s22(1)(a)(ii)
FOI Document #36
Inquiry into Alleged Payment of People Smugglers

Initial Q+A
s47C
Why is this an operational matter?

As outlined in my opening statement, I do not seek to provide any information that would encourage
people smugglers, prejudice ongoing or future operations, or put peoples lives at risk.
I am not confirming or denying any events, I am simply not commenting.
How would the crew obtain such large amounts of money if it was not provided as part of this
operation? What other reasoning would there be?
Its not appropriate for me to speculate or speak to hypotheticals.
s47C
s33(a)(i), s47E(d)
s47C, s47E(d)
FOI Document #36
s33(a)(i), s47E(d)
s47C
s47C, s33(a)(iii)
FOI Document #36
s47C
By saying you have complied with the law, does this imply the involvement of security agencies,
who for intents and purposes are above the law?
I have made no such statement, nor is it appropriate for me to comment regarding the Australian
intelligence community.
FOI Document #36
Any questions that touch on security agencies:

Its not appropriate for me to comment.
s47C
Has the Government/agencies discussed their position to take at this hearing today/worked on a
shared story?
As the Commander of a Joint Agency Task Force, I regularly confer on matters with the 16 agencies
that make up Operation Sovereign Borders. However, I reject any suggestion of collusion taking
place.
s47C
Have you been approached by the Auditor-General for this issue?

No
s47C
Was aid money used?

I dont accept the premise of the question. I do wish to make the broad point though that no aid
money is used for OSB operations.
What is the budget for OSB?
FOI Document #36
OSB is an integrated joint agency effort to combat people smuggling. It is not a separate agency, and
as such does not have a discrete operating budget but is made up of resource contributions from the
16 relevant agencies.
Is there an operations budget for OSB?
Operations under OSB are conducting using resources of contributing agencies. There is no separate
operating budget, nor are operations broken down individually.
Can we have a breakdown of expenditure for this period?
OSB does not have its own expenditures. Contributions are provided, for example, by Defence and
the ABF through Maritime Border Command.
s47C
FOI Document #36
s47C
FOI Document #37
To: s22(1)(a)(ii)
Cc:
Subject: QandA for LACA Hearing - allegations of payment (2) [SEC=PROTECTED]
Hi,
s22(1)(a)(ii)
s47C
isitbettertorefertothePIIclaim?s22(1)(a)(ii) - administrative email
s22(1)(a)(ii)
Thanks
s22(1)(a)(ii)
Page 2 of 0
FOI Document #39

Draft Q+A
Alleged payments
Did the Government pay people smugglers (and associated follow-on questions)?
It is not appropriate for me to answer that question on the basis of the Ministers Public
Interest Immunity claim.
As outlined in my opening statement, I do not seek to provide any information that would
encourage people smugglers, prejudice ongoing or future operations, or put peoples
lives at risk.
Who made the decision to pay people smugglers? Was it the Minister, the PM, the Master of the
Border Protection Vessel?
s47C
Was there a person called Argus on the vessel?
If this was a SOLAS situation as you say, then why did you provide payments to the crew?
s47C
Have any other payments been made to anybody aboard vessels?
FOI Document #39
Have you ever paid or provided incentives to other people to be turned back?
s47C
Was aid money used?
I dont accept the premise of the question. I do wish to make the broad point though that
no aid money is used for OSB operations.
OSB is an integrated joint agency effort to combat people smuggling. It is not a separate
agency, and as such does not have a discrete operating budget but is made up of
resource contributions from the 16 relevant agencies.
Operations under OSB are conducting using resources of contributing agencies. There is
no separate operating budget, nor are operations broken down individually.
s47C
Hasnt the Government undermined its own policy?
Is the Government now simply encouraging/enticing people smugglers going against its own
model of putting them out of business?
s47C
Doesnt the public deserve to know how their money is being spent?
s47C
Public expenditure in relation to OSB is reported in the usual way.
FOI Document #39
Public interest immunity claim

How is this a matter of national security, as claimed by the Minister?
Safeguarding Australian territorial and border integrity is a key matter of national interest.
People smugglers operate in organised criminal syndicates, and their activities have
serious consequences. Not only does people smuggling support a criminal economy that
exposes people to serious harm, it also provides an avenue for a large number of
undocumented individuals to gain entry to Australia, potentially including individuals of
security concern.
The Commonwealth will continue to protect Australias borders from serious criminal
activity, and its consequences.
FOI Document #39
Operational matters
s33(a)(i), s47E(d)
FOI Document #39
Is it really assisting people to ensure their safety if you put them on a wooden vessel that crashes
into rocks?
The overriding factor in all Operation Sovereign Borders operations is safety of life at
sea. We work to ensure the safety of our crew and people on board vessels at all times,
and I reject any suggestion that we would intentionally put people in harms way.
What measures do you take to ensure that they dont crash into rocks/encounter additional
issues?
Why were the pregnant women and children not taken separately to a place of safety to ensure
their welfare?
s47C
s33(a)(iii)
What safety equipment is available on these wooden boats? Have they been certified by
AMSA/certified as being safe for this purpose?
FOI Document #39
Legality
Under what law was the payment made to people smugglers?
As has always been the case, robust measures and safeguards remain in place to
enable OSB-related actions and activities to be undertaken in a manner consistent with
Australian domestic law and Australias obligations under international law.
It would not be appropriate for me to provide legal interpretation, advice

Do OSB operations breach Australias laws?
Do OSB operations breach Australias international obligations including UN Convention against

Transnational Organised Crime and its Protocol against the Smuggling of Migrations by Land, Sea
and Air?
Do OSB operations breach Indonesian law?
Have they at least breached the APS Values or Code of Conduct?
Have you put the officers involved in these operations at risk of breaching international or
domestic law on your orders?
Have any officers been reprimanded etc in regards to this operation?
I have made no such statement, nor is it appropriate for me to comment regarding the
Australian intelligence community.
FOI Document #39
What is the basis of that legal advice?
Consistent with the past practice of all Governments in relation to legal advice, it would
not be appropriate to reveal the content of this advice.
Did you have input into the AFP referral? Are you aware of the results?
I am aware that a referral has been made to the AFP. This is a matter for the AFP and it
would not be appropriate for me to comment further.
No
Hasnt the Government now engaged in people smuggling itself?
How is the public meant to determine if the Government is acting lawfully or appropriate if you
will not provide any information to this Committee?
s47C
FOI Document #39
Security agencies
FOI Document #39
Evidence at the Committee

shared story?
As the Commander of a Joint Agency Task Force, I regularly confer on matters with the
16 agencies that make up Operation Sovereign Borders. However, I reject any
suggestion of collusion taking place.
Why have you released further information about this matter in your statement?
Both I and the previous Commander Joint Agency Task Force Operation Sovereign
Borders have advised that we will release information when it is no longer operationally
sensitive.
Why have you released further information now?
sensitive.
s33(a)(iii)
FOI Document #39
s33(a)(iii)
FOI Document #40
PROTECTED

Draft Q+A
Alleged payments
lives at risk.
s47C
s47C
PROTECTED
FOI Document #40
PROTECTED
s47C
Was aid money used?
Operations under OSB are conducteding using resources of contributing agencies.

There is no separate operating budget, nor are operations broken down individually.
OSB does not have its own expenditures. Contributions are provided, for example, by
Defence and Immigration and Border Protection the ABF through Maritime Border
Command within the ABF.
Hasnt the Government undermined its own policy?
Is the Government now simply encouraging/enticing people smugglers going against its own
model of putting them out of business?
Are you not endangering peoples lives by encouraging people smugglers?

s47C
PROTECTED
FOI Document #40
PROTECTED

security concern.
PROTECTED
FOI Document #40
PROTECTED
s33(a)(i), s47E(d)
Is it really assisting people to ensure their safety if you put them on a wooden vessel that crashes
into rocks?
issues?
their welfare?
What steps are taken to ensure the welfare of the passengers?
I cannot go into those details but I can assure the Committee that the overriding factor in
all Operation Sovereign Borders operations is safety of life at sea. We work to ensure the
safety of our crew and people on board vessels at all times, and I reject any suggestion
that we would intentionally put people in harms way.
s33(a)(iii)
Can you outline the procedures around the procurement of these vessels? How many are there?
How much did we spend on them? Do we retrieve the boats?
PROTECTED
FOI Document #40
PROTECTED
Legality
It would not be appropriate for me to provide legal interpretation, advice


and Air?
PROTECTED
FOI Document #40
PROTECTED
s47C
No
s47C
PROTECTED
FOI Document #40
PROTECTED
Security agencies
PROTECTED
FOI Document #40
PROTECTED
Evidence at the Committee

shared story?
As the Commander of a Joint Agency Task Force, I regularly confer on matters with the
16 agencies that make up Operation Sovereign Borders. However, I reject any
suggestion of collusion taking place.
Why have you released further information about this matter in your statement?
sensitive.
Why have you released further information now?
sensitive.
s33(a)(iii)
PROTECTED
FOI Document #40
PROTECTED
s33(a)(iii)
PROTECTED
FOI Document #41
PROTECTED

Draft Q+A
Alleged payments
lives at risk.
Why did the PM, MIBP and the Foreign Affairs Minister give conflicting information? Who was
telling the truth?
Those questions, if relevant to the terms of reference should more appropriately be put
to the Ministers.
PROTECTED
FOI Document #41
PROTECTED
Is there a regular practice of paying people offshore for deterrence or disruption activities?
Where did the money for payments come from?
Was aid money used?
Operations under OSB are conducted using resources of contributing agencies. There is
no separate operating budget, nor are operations broken down individually.
OSB does not have its own expenditures. Contributions are provided, for example, by
Defence and Immigration and Border Protection through Maritime Border Command
within the Australian Border Force.
PROTECTED
FOI Document #41
PROTECTED

security concern.
PROTECTED
FOI Document #41
PROTECTED
issues?
their welfare?
What steps are taken to ensure the welfare of the passengers?
I cannot go into those details but I can assure the Committee that the overriding factor in
all Operation Sovereign Borders operations is safety of life at sea. We work to ensure the
safety of our crew and people on board vessels at all times, and I reject any suggestion
that we would intentionally put people in harms way.
s33(a)(iii)
Can you outline the procedures around the procurement of these vessels? How many are there?
How much did we spend on them? Do we retrieve the boats?
PROTECTED
FOI Document #41
PROTECTED
Legality
It would not be appropriate for me to provide legal interpretation advice

and Air?
PROTECTED
FOI Document #41
PROTECTED
What is the basis of that legal advice?
Consistent with the past practice of all Governments in relation to legal advice, it would
not be appropriate to reveal the details of any such advice.
No
s47C
PROTECTED
FOI Document #41
PROTECTED
Security agencies
PROTECTED
FOI Document #42
For-Official-Use-Only
Page 2 of 0
FOI Document #42
From: s22(1)(a)(ii)
Sent: Thursday, 1 October 2015 8:36 AM
To: s22(1)(a)(ii)
Cc: Jo CROOKS; s22(1)(a)(ii)
Subject: URGENT CLEARANCE REQUIRED: Q&A for Senate Legal and Constitutional References Committee hearing
[DLM=For-Official-Use-Only]
Goodmornings22(1)(a)(ii)
s47C
Couldyoupleaseletmeknowbycobtodayiftheselinesareok(andsuggestothersifnecessary).Sorryforthetight
deadline.
s47C
Page 3 of 0
FOI Document #42
s47C
Regards
s22(1)(a)(ii)
JointAgencyTaskForce
OperationSovereignBorders
P:s22(1)(a)(ii)
|M:s22(1)(a)(ii)
s22(1)(a)(ii)
E:
@border.gov.au
Page 4 of 0
FOI Document #43
TALKING POINTS
LEAD AGENCY: ABF/DIBP
Subject
Date
MEDIA EVENT TALKING POINTS

2 October 2015
Ministerial
Media Officer
s22(1)(a)(ii)
s22(1)(a)(ii)
UNCLASSIFIED
FOI Document #43
Did the Australian Government pay people smugglers?
This matter is currently subject to a Senate Legal and Constitutional Affairs References
Committee and would be inappropriate to comment further.
I read your submission to the Inquiry about the alleged cash payments made to people
smugglers to turn back an asylum seeker boat earlier in the year, why wasnt this
information provided before?
Information detailing any illegal maritime arrivals and transfers is made available in monthly
updates that can be found on the Department of Immigration and Border Protection
Newsroom.
Information regarding OSB operational activity is not disclosed where this would prejudice
the outcomes of current or future operations.
The Australian Government will not make any comment that will give advantage to people
smugglers.
The release of information may occur where it is no longer operationally sensitive.
These arrangements balance the publics right to know, the safety of all involved, and the
implementation of our border security objectives and national security interests.
What is an assisted return?
In some circumstances Australian Government vessels might be called upon to assist persons
in a safety of life at sea (SOLAS) situation.
CLEARANCE:
s22(1)(a)(ii)
Drafted by
Title
JATF Media
Time/Date
1700 02 October 2015
Cleared by
Andrew Bottrell
Title
CJATF
Time/Date
1930 02 October 2015
UNCLASSIFIED
FOI Document #44
SE15
For Official Use Only
Brief No. KB38
Department of Immigration and Border Protection

Supplementary Estimates October 2015
Alleged Payment of People Smugglers

Key Talking Points
This matter is subject to a separate inquiry by the Legal and Constitutional Affairs References
Committee.
I have provided the Committee with a submission about a safety of life at sea situation in
May 2015.
This matter is also subject to a Public Interest Immunity claim by the Minister for Immigration
and Border Protection.
Hence, it is not appropriate for me to comment further on this matter.
If asked
Did you notify Indonesian authorities?
It is not appropriate for me to answer that question on the basis of the Ministers Public Interest
Immunity claim.
What information did you provide to the inquiry?
I provided the Committee with information about the safety of life at sea situation as follows:
o In late May 2015, a vessel was observed by, then, Border Protection Command assets north
of Australia operating in poor weather conditions, which were rapidly deteriorating.
o The Master of the vessel indicated they were experiencing difficulty and requested our
assistance.
o Border Protection Command rendered immediate assistance in accordance with Australias
international safety at life at sea obligations and assisted the safe return of the people to
Indonesia.
o These actions were necessary to preserve the safety of life at sea of those on board and the
officers involved operated in dangerous sea conditions to render assistance to the distressed
vessel.
My submission to the inquiry is publically available on the Parliamentary website.
Why did you only provide this information?
As the Commander of the Joint Agency Task Force Operation Sovereign Borders I am required
to continually balance the publics right to know with the safety of all involved when it comes to
the release of public information.
This is because people smugglers use information about on-water procedures to instruct crew
and passengers on how to limit the effectiveness of our procedures. For example, this can be by
disrupting the lawful boarding of suspected illegal entry vessels by officers. In some cases, this
has led to people sabotaging their own vessel which puts not only their lives but also the lives of
Australian officials attempting to save them at risk.
As I have previously advised the Committee, it would be inappropriate to comment further on
on-water matters.
1 of 2
FOI Document #44
SE15
Brief No. KB38
Background
Senate Inquiry into Alleged Payments
On 24 June 2014, the Senate Legal and Constitutional Affairs References Committee
commenced an inquiry into:
The payment of cash or other inducements by the Commonwealth of Australia in exchange
for the turn back of asylum seeker boats.
The Terms of Reference allow the Committee to examine whether any money has been paid by
the Commonwealth to people aboard people smuggling boats under the Joint Agency Task Force
Operation Sovereign Borders (JATF OSB), the legality of the practice, and how long this
government practice has been carried out. The full Terms of Reference are at Attachment A.
The JATF OSB provided a submission to the Committee on 30 July 2015 outlining the safety of
life at sea considerations of the venture (Attachment B).
The inquirys report is due to be tabled on 4 February 2016 (previously 11 November 2015).
Consultation
External agencies consulted: N/A
Responsible Officer
Contact Officer
Andrew Bottrell / Commander JATF OSB
s22(1)(a)(ii)
Ph: s22(1)(a)(ii)
Ph: s22(1)(a)(ii)
Mob: s22(1)(a)(ii)
Mob: s22(1)(a)(ii)
JATF OSB
2 of 2
FOI Document #44
SE15
Brief No. KB38
Attachment A
Senate Inquiry Terms of Reference
On the 24 June 2015 the following matter be referred to the Legal and Constitutional Affairs
References Committee for inquiry and report:
The payment of cash or other inducements by the Commonwealth of Australia in exchange for the
turn back of asylum seeker boats, with reference to:
a. the reply of the Government to the order for production of documents ordered by the Senate in
the amended general business notice of motion no. 724 moved by Senator Hanson-Young on
16 June 2015;
b. any money paid to anyone on board a vessel en route to Australia or New Zealand by any
Customs, Immigration or other Commonwealth officer from September 2013 to date;
c. the facilitation or authorisation of the payment of any money to anyone on board a vessel en
route to Australia or New Zealand by any Customs, Immigration or other Commonwealth
officer from September 2013 to date;
d. any payments made to any such vessels captain, crew or passengers;
e. any payments made in relation to the passage of any such vessels, their passengers or crew;
f. the legality, under international and domestic law, of the above matters;
g. the damage caused by the above matters to the bilateral relationship between Australia and
Indonesia;
h. the extent to which any such bribes constitute an incentive for people-smuggling operations to
Australia;
i. whether it is standard practice for Australia to pay cash or other inducements to the captains or
crew of boats carrying asylum seekers and, if so, how long this practice has been carried on and
how much has been spent on this policy in the past, including what payments have been made to
particular individuals and the amount of any such payments;
j. any related matters.
FOI Document #46
interception conduct of Australian officials does not fit the definition of a rescue operation set out
under the International Convention on Maritime Search and Rescue.
JULY 2015 TURNBACK INCIDENT
In July 2015, a boat left South Sulawesi province in Indonesia with the aim of reaching Australia.
There were 25 passengers on board and the vessel did not reach its intended destination; Australian
ships intercepted the boat on 25 July 2015, and all the passengers and crew were made to return to
Indonesia.
The boat was not in good condition and soon, after its departure from Indonesia, started taking on
water. Two Australian ships came on either of side of the boat on 25 July 2015 and the people on the
boat spent six to eight hours trying to get help from the Australian ships, showing them they were in
distress.
As in the May incident, described above, Australian officials appear to have provided those intercepted
with a new boat and directed the crew to take them to Indonesia, providing maps and a GPS. Evidence
collected about this incident also raises sufficient concerns to warrant an independent investigation
into potential payments by Australian officials to facilitate people smuggling.
Amnesty International has gathered evidence that the people intercepted by Australia in both of these
and some of the other turnback incidents between late 2013 and mid 2014 were detained without due
process for several days, denied medical care and/or subjected to ill-treatment.
GENERAL FINDINGS ON BREACHES OF INTERNATIONAL HUMAN RIGHTS LAW
By turning back boats transporting asylum-seekers without any assessment of each of the passengers
individual situation, including the risk of serious human rights violations or abuses, either in the
country of return on in a subsequent return to a third country, and by collectively expelling them,
without any apparent procedural fairness, Australian officials violated the prohibition on refoulement.
Australian officials violated Article 9(1) of the International Covenant on Civil and Political Rights
through the unlawful detention of asylum-seekers on board Australian ships. They breached the
prohibition on ill-treatment through physical abuse of asylum-seekers and because of the poor
conditions in which they were held. They also breached international standards on the use of force.
The actions and omissions of Australian naval and Border Force officials, who are organs of the state,
are attributable to the government of Australia. The evidence collected by Amnesty International
indicates that Australian officials breached Australias obligations under the UN Convention on
Transnational Organized Crime, international human rights law and international maritime law. The
actions and omissions giving rise to these breaches therefore trigger the international responsibility of
the Government of Australia.
Amnesty International will publish its findings next week. Should the Department of Immigration and
Border Protection have any response we will publish this on our website alongside the report. Thank
you.
Yours sincerely,
Audrey Gaughran
Acting Senior Director for Research
Email: Audrey.gaughran@amnesty.org
2
FOI Document #46
Cc
1. Mr Roman Quaedvlieg
Commissioner
Australian Border Force
Email: roman.quaedvlieg@border.gov.au
2. Mr Dennis Richardson AO
Secretary
Department of Defence
E-mail: dennis.richardson@defence.gov.au
3. Mr Peter Varghese AO
Secretary
Department of Foreign Affairs and Trade
E-mail: peter.varghese@dfat.gov.au
FOI Document #47

Media Talking Points Alleged Payment of People Smugglers
This matter is subject to a separate enquiry by the Legal and Constitutional Affairs
References Committee.
o
The Joint Agency Task Force (JATF) provided a submission to the

Committee on 30 July 2015 outlining the safety of life at sea considerations
of the venture.
This matter is also subject to a Public Interest Immunity claim by the Minister for
Immigration and Border Protection.
As such, it is not appropriate to comment further on this matter.
If asked
s33(a)(iii)
What information was provided to the inquiry?

Commander JATF provided the Committee with information about the safety of life at sea
situation.
o
o
o
o
The submission to the inquiry is publically available on the Parliamentary website.
In late May 2015, a vessel was observed by then Border Protection Command
assets north of Australia operating in poor weather conditions, which were rapidly
deteriorating.
The Master of the vessel indicated they were experiencing difficulty and requested
our assistance.
Border Protection Command rendered immediate assistance in accordance with
Australias international safety at life at sea obligations and assisted the safe return of
the people to Indonesia.
These actions were necessary to preserve the safety of life at sea of those on board
and the officers involved operated in dangerous sea conditions to render assistance
to the distressed vessel.
The Government is required to continually balance the publics right to know with the
safety of all involved when it comes to the release of public information.
People smugglers use information about on-water procedures to instruct crew and
passengers on how to limit the effectiveness of our procedures.
o
In some cases, this has led to people sabotaging their own vessel, putting both
their lives and the lives of Australian officials attempting to save them, at risk.
FOI Document #48

This matter is subject to a separate enquiry by the Legal and Constitutional Affairs
o
The Operation Sovereign Borders Joint Agency Task Force (OSB JATF)
provided a submission to the Committee on 30 July 2015 outlining the safety
of life at sea considerations of the venture.
This matter is also subject to a Public Interest Immunity claim by the Minister for
Immigration and Border Protection.
As such, it is not appropriate to comment further on this matter.
If asked
s33(a)(iii)
Commander JATF provided the Committee with information about the safety of life at
sea situation.
o
The submission to the inquiry is publically available on the Parliamentary

website.
What were the details of the incident?
As Commander JATF provided in his submission:

o
o
o
In late May 2015, a vessel was observed by then Border Protection

Command
assets north of Australia operating in poor weather conditions, which were
rapidly deteriorating.
The Master of the vessel indicated they were experiencing difficulty and
requested our assistance.
Border Protection Command rendered immediate assistance in accordance
with Australias international safety at life at sea obligations and assisted the
safe return of the people to Indonesia.
These actions were necessary to preserve the safety of life at sea of those on
board and the officers involved operated in dangerous sea conditions to
render assistance to the distressed vessel.
safety of all involved when it comes to the release of public information.
FOI Document #48
Amnesty International Investigation into alleged payments to Indonesian boat crews

On 22 October 2015, Amnesty International wrote to Secretary Pezzullo regarding its
investigation into interceptions by the Australian officials and turnbacks at sea in May and
July 2015 and on five other occasions between late 2013 and mid-2014.
The letter claims that Australian naval and ABF officials, through their action and omissions,
breached Articles 7, 9 and 16 of the Smuggling Protocol. It also claims to have collected
evidence which contradicts Commander JATFs submission to the Committee.
s33(a)(iii)

The payment of cash or other inducements by the Commonwealth of Australia in
exchange for the turn back of asylum seeker boats
The Terms of Reference allow the Committee to examine whether any money has been paid
by the Commonwealth to people aboard people smuggling boats under OSB, the legality of
the practice, and how long this government practice has been carried out.
The inquirys report is due to be tabled on 4 February 2016.
FOI Document #49
FOI Document #49
FOI Document #49
FOI Document #49
s47C
FOI Document #50
From: s22(1)(a)(ii)
Sent: Friday, 23 October 2015 2:23 PM
To: Kruno KUKOC; Lynne GILLAM; s22(1)(a)(ii)
Subject: URGENT CLEARANCE REQUIRED: draft response to Amnesty International [DLM=For-Official-Use-Only]
Importance: High
Page 2 of 0
FOI Document #51
Page 2 of 0
FOI Document #51
s47C
FOI Document #52
Page 2 of 0
FOI Document #52
Page 3 of 0
FOI Document #52
Page 4 of 0
FOI Document #52

This matter is subject to an enquiry by the Legal and Constitutional Affairs

o
o
o
The Commander of Operation Sovereign Borders Joint Agency Task Force

(OSB JATF) provided a submission to the Committee on 30 July 2015
outlining the safety of life at sea considerations of the venture.
The submission is an accurate description of the events.
The overriding priority for all agencies involved in OSB is the safety of all
involved, including potential illegal immigrants, people smuggling vessel
crews, as well as Australian personnel.
I will not be commenting further on this matter.
If asked
Is Commander Operation Sovereign Borders Joint Agency Task Forces submission
contradicted by evidence?
sea situation.
o The submission to the inquiry is publically available on the Parliamentary
website.
How is Australias relationship with Indonesia?
We cooperate with Indonesia closely on a range of shared border protection
interests, including anti-people smuggling operations. Both nations also co-chair the
regional Bali Process, and cooperate with our regional partners on a wide range of
border security issues including policing, intelligence sharing, and capacity building
projects.
How does the Government conduct on-water operations?
The Governments policy is to intercept any vessel seeking to illegally enter Australia and
safely remove it beyond our waters.
Measures and safeguards are in place to enable actions and activities to be undertaken
in a manner consistent with Australian domestic law and Australias obligations under
international law.
The overriding priority for all agencies involved in OSB is the safety of all involved,
including potential illegal immigrants, people smuggling vessel crews, as well as
Australian personnel.
s47C
FOI Document #53
Cc: Jo CROOKS
Subject: RE: URGENT CLEARANCE REQUIRED: draft response to Amnesty International [DLM=For-Official-Use-Only]
Page 2 of 0
FOI Document #53
From: s22(1)(a)(ii)
To: Kruno KUKOC; s22(1)(a)(ii)
Importance: High
Page 3 of 0
FOI Document #54

This matter is subject to an inquiry by the Legal and Constitutional Affairs References
Committee.
o
The Commander of Operation Sovereign Borders Joint Agency Task Force

(OSB JATF) provided a submission to the Committee on 30 July 2015
outlining the safety of life at sea considerations of the venture.
The overriding priority for all agencies involved in OSB is the safety of all
involved, including potential illegal immigrants, people smuggling vessel
crews, as well as Australian personnel.
If asked
s33(a)(iii)
sea situation.
o
The submission to the inquiry is publically available on the Parliamentary

website.
Why wont the Government provide further detail?
safety of all involved when it comes to the public release of information.
o
In some cases, this has led to people sabotaging their own vessel,
putting both their lives and the lives of Australian officials attempting to
save them, at risk.
We cooperate with Indonesia closely on a range of shared border protection

interests, including anti-people smuggling operations. Both nations also co-chair the
regional Bali Process, and cooperate with our regional partners on a wide range of
border security issues including policing, intelligence sharing, and capacity building
projects.
FOI Document #54

s33(a)(iii)

The payment of cash or other inducements by the Commonwealth of Australia in
exchange for the turn back of asylum seeker boats
The Terms of Reference allow the Committee to examine whether any money has been paid
by the Commonwealth to people aboard people smuggling boats under OSB, the legality of
the practice, and how long this government practice has been carried out.
FOI Document #55
TALKING POINTS
Subject
Date
Amnesty International report into alleged payment of people smugglers

23 October 2015
Agency
Media Officer
s22(1)(a)(ii)
ISSUE
Talking points in case of media interest in response to the anticipated release of Amnesty
Internationals investigation into interceptions by the Australian officials and turn backs at sea in
May and July 2015 and five other occasions between late 2013 and mid-2014.
TALKING POINTS
Committee.
o
The Commander of Operation Sovereign Borders Joint Agency Task Force (OSB
JATF) provided a submission to the Committee on 30 July 2015 outlining the safety
If asked (Q&A)
s33(a)(iii)
situation.
o
UNCLASSIFIED
FOI Document #55
The Government is required to continually balance the publics right to know with the safety
of all involved when it comes to the public release of information.
o
save them, at risk.
We cooperate with Indonesia closely on a range of shared border protection interests,

including anti-people smuggling operations. Both nations also co-chair the regional Bali
Process, and cooperate with our regional partners on a wide range of border security issues
including policing, intelligence sharing, and capacity building projects.
The Governments policy is to intercept any vessel seeking to illegally enter Australia and safely
remove it beyond our waters.
Measures and safeguards are in place to enable actions and activities to be undertaken in a
manner consistent with Australian domestic law and Australias obligations under international
law.
The overriding priority for all agencies involved in OSB is the safety of all involved, including
potential illegal immigrants, people smuggling vessel crews, as well as Australian personnel.
s47C
Are illegal maritime arrivals detained at sea?
People on intercepted vessels are held lawfully in secure, safe, humane, and appropriate
conditions.
Persons are appropriately cared for while detained by Australian Border Force and Australian
Defence Force personnel.
All persons are treated humanely and with respect for dignity at all times.
UNCLASSIFIED
FOI Document #55
CLEARANCE:
Cleared by
David Ness
Title
A/g FAS International Division
MAJGEN
Andrew Bottrell
Commander JATF
s22(1)(a)(ii)
s22(1)(a)
(ii)
s22(1)(a)(ii)
In lieu of AS Comms and Media
MO cleared
Full Name
Time/Date sent
Media Operations
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
3.39pm, 23 Oct
2015
23 October 2015
5.23pm, 23 October
2015
5.33pm, 23 October
2015
FOI Document #56
TALKING POINTS
Subject
Date

23 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
Media Officer
ISSUE
TALKING POINTS
Committee.
o
If asked (Q&A)
s33(a)(iii)
situation.
o
UNCLASSIFIED
FOI Document #56
o
save them, at risk.

including anti people smuggling operations. Both nations also co chair the regional Bali
law.
s47C
conditions.
UNCLASSIFIED
FOI Document #56
CLEARANCE:
Drafted by
Title
Time/Date cleared
Time DD Month
2015
Cleared by
David Ness
Title
Time/Date sent
MAJGEN
Andrew Bottrell
Commander JATF
s22(1)(a)(ii)
s22(1)(a)
(ii)
s22(1)(a)(ii)
MO cleared
Full Name
Media Operations
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
3.39pm, 23 Oct
2015
23 October 2015
5.23pm, 23 October
2015
5.33pm, 23 October
2015
FOI Document #57
From: Kruno KUKOC
To: Lynne GILLAM; s22(1)(a)(ii)
Lachlan COLQUHOUN;
David NESS
Cc: Jo CROOKS
Subject: RE: URGENT CLEARANCE REQUIRED: draft response to Amnesty International [DLM=For-Official-Use-Only]
Page 2 of 0
FOI Document #57
From: s22(1)(a)(ii)
To: Kruno KUKOC; Lynne GILLAM; s22(1)(a)(ii)
Importance: High
Page 3 of 0
FOI Document #58
TALKING POINTS
Subject
Date

23 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
Media Officer
ISSUE
TALKING POINTS
Committee.
o
If asked (Q&A)
s33(a)(iii)
situation.
o
UNCLASSIFIED
FOI Document #58
o
save them, at risk.

law.
s47C
conditions.
UNCLASSIFIED
FOI Document #58
CLEARANCE:
Drafted by
Title
Time/Date cleared
Time DD Month
2015
Cleared by
David Ness
Title
Time/Date sent
MAJGEN
Andrew Bottrell
Commander JATF
s22(1)(a)(ii)
s22(1)(a)
(ii)
s22(1)(a)(ii)
MO cleared
Full Name
Media Operations
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
3.39pm, 23 Oct
2015
23 October 2015
5.23pm, 23 October
2015
5.33pm, 23 October
2015
FOI Document #61
UNCLASSIFIED
Page 2 of 0
FOI Document #62
TALKING POINTS
Subject
Date
Media Officer

28 October 2015
Agency
s22(1)(a)(ii)
02 s22(1)(a)(ii)
ISSUE
TALKING POINTS
Amnesty International released a report today which contained a number of specific

allegations about the ill treatment of potential illegal immigrants at sea.
conditions.
Persons are appropriately cared for while detained by Australian Border Force and
Australian Defence Force personnel.
Sufficient food and water, as well as appropriate accommodation, ablutions facilities and
medical care is provided.
However, any allegations about ill treatment are taken seriously and will be investigated.
Measures and safeguards are in place to ensure that actions and activities undertaken under
Operation Sovereign Borders are consistent with Australian domestic law and Australias
obligations under international law.
The Commander of Operation Sovereign Borders Joint Agency Task Force provided a
submission to the Legal and Constitutional Affairs References Committee on 30 July 2015.
o
The overriding priority for all agencies involved in Operation Sovereign Borders is the safety
of all involved, including potential illegal immigrants, people smuggling vessel crews, as well
as Australian personnel.
UNCLASSIFIED
FOI Document #62
If asked (Q&A)
Does Operation Sovereign Borders breach Australias international obligations?
The overriding priority for all agencies involved in Operation Sovereign Borders is the safety of
all involved, including potential illegal immigrants, people smuggling vessel crews, as well as
Were illegal maritime arrivals unlawfully detained at sea?
conditions.
s33(a)(iii)
Why wont the Government provide further detail or allow independent monitoring of
Operation Sovereign Borders?
o
save them, at risk.
UNCLASSIFIED
FOI Document #62
On 24 June 2015, the Senate Legal and Constitutional Affairs References Committee commenced
an inquiry into:
for the turn back of asylum seeker boats
The Terms of Reference allow the Committee to examine whether any money has been paid by the
Commonwealth to people aboard people smuggling boats under OSB, the legality of the practice,
and how long this government practice has been carried out.
POINT OF CONTACT (POC)
POC Name
Title
Mobile
Landline
Date Cleared
s22(1)(a)(ii)
s22(1)(a)(ii)
Counter People Smuggling Section
s22(1)(a)(ii)
s22(1)(a)(ii)
28 October 15
CLEARANCE:
Cleared by
Lachlan
Colquhoun
MAJGEN
Andrew Bottrell
Geoff Shaw
Title
FAS International Division
s22(1)(a)(ii)
s22(1)(a)(ii)
Media Operations
MO cleared
Full Name
Time/Date sent
Commander JATF
Assistant Secretary, DFAT PSTF
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
16:25, 28 October
2015
15:00, 28 October
2015
13:40, 28 October
2015
FOI Document #63
TALKING POINTS
Subject
Date

23 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
Media Officer
ISSUE
TALKING POINTS
Committee.
o
If asked (Q&A)
s33(a)(iii)
situation.
o
UNCLASSIFIED
FOI Document #63
o
save them, at risk.

law.
s47C
conditions.
UNCLASSIFIED
FOI Document #63
CLEARANCE:
Cleared by
David Ness
Title
MAJGEN
Andrew Bottrell
Commander JATF
s22(1)(a)(ii)
s22(1)(a)
(ii)
s22(1)(a)(ii)
MO cleared
Full Name
Time/Date sent
Media Operations
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
3.39pm, 23 Oct
2015
23 October 2015
5.23pm, 23 October
2015
5.33pm, 23 October
2015
FOI Document #64
Willsendthroughafinalversiononcecleared.
Regards
s22(1)(a)(ii)
CounterPeopleSmugglingSection
PacificandTransnationalIssuesBranch|InternationalDivision
PolicyGroup
DepartmentofImmigrationandBorderProtection
P:s22(1)(a)(ii)
s22(1)(a)(ii)
Email:
@border.gov.au
From: s22(1)(a)(ii)
@dfat.gov.au]
Sent: Wednesday, 28 October 2015 1:43 PM
To: s22(1)(a)(ii)
Cc: s22(1)(a)(ii)
Robert MCGREGOR; Geoffrey Shaw (DFAT)
Subject: RE: Urgent: Amnesty International TPs [DLM=For-Official-Use-Only]
Thankss22(
1)(a)
Attachedaresomesuggestedamendments,clearedbyGeoff.
s47C, s33(a)(iii)
s22(1)
(a)(ii)
Page 2 of 0
FOI Document #64
Page 3 of 0
FOI Document #65
From: s22(1)(a)(ii)
@border.gov.au]
To: s22(1)(a)(ii)
Cc: s22(1)(a)(ii)
MCGREGOR Robert; Geoffrey Shaw (DFAT)
Page 2 of 0
FOI Document #65
Page 3 of 0
FOI Document #65
Important Notice: The content of this email is intended only for use by the individual or entity to whom it is
addressed. If you have received this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain confidential, sensitive, legally
privileged and/or copyright information.
Any review, retransmission, dissemination or other use of this information by persons or entities other than
the intended recipient is prohibited. DIBP respects your privacy and has obligations under the Privacy Act
1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this email.
Page 4 of 0
FOI Document #65
TALKING POINTS
Subject
Date
Media Officer

28 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
ISSUE
TALKING POINTS

Operation Sovereign Borders is consistent with Australian domestic law and Australias
conditions.
o
UNCLASSIFIED
FOI Document #65
If asked (Q&A)
conditions.
s33(a)(iii)
o
save them, at risk.
UNCLASSIFIED
FOI Document #65
Does the Government assess protection claims at sea?
We conduct assessments to determine whether people engage Australias non-refoulement

BACKGROUND (not for public release)

In May 2015, the Royal Australian Navy allegedly intercepted a boat s33(a)(i)
. The crew members were allegedly paid
$5,000 each by Australian officials to turn the boat back to Indonesia.
s33(a)(i)

On 29 October 2015, Amnesty International released its report By Hook or By Crook: Australias
Abuse of Asylum Seekers at Sea on its investigation into interceptions by the Australian officials
and turnbacks at sea in May and July 2015 and on five other occasions between late 2013 and
mid-2014.
The report claims that Australian naval and ABF officials, through their action and omissions,
breached Australias obligations under the UN Convention on Transnational Organized Crime and
international human rights law, including in relation to prohibitions against people smuggling,
refoulement and arbitrary detention. The report also claims to have collected evidence which
contradicts Commander JATFs submission to the Committee.
According to the report, Amnesty Internationals investigation indicates that in May 2015:
Australian officials paid a boat crew almost USD 32,000 to return asylum seekers to
Indonesia;
Australian officials forced 65 asylum seekers onto overcrowded boats with inadequate fuel;
The boat was not experiencing difficulty, contrary to the Governments claims; and
Australian officials unlawfully detained, ill-treated and denied medical care to up to
50 asylum seekers for one week on an ABF vessel.
Amnesty International claims to have conducted interviews with the 65 people on the May 2015
boat, six crew members, and 15 people on the July 2015 boat. Amnesty International also states it
has spoken to the International Organization for Migration, the United Nations High Commissioner
for Refugees as well as Indonesian Government officials and police.
Amnesty International recommends that Australia overhaul its approach to asylum seekers and
refugees arriving by boat.
s33(a)(iii)
UNCLASSIFIED
FOI Document #66
Page 2 of 0
FOI Document #66
Unsolicited commercial emails MUST NOT be sent to the originator of this email.
Page 3 of 0
FOI Document #67
E:s22(1)(a)(ii)
@border.gov.au
From: s22(1)(a)(ii)
@border.gov.au]
To: s22(1)(a)(ii)
Cc: s22(1)(a)(ii)
MCGREGOR Robert
Page 2 of 0
FOI Document #67
Page 3 of 0
FOI Document #67
Page 4 of 0
FOI Document #67
TALKING POINTS
Subject
Date
Media Officer

28 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
ISSUE
TALKING POINTS

conditions.
o
UNCLASSIFIED
FOI Document #67
If asked (Q&A)
conditions.
s33(a)(iii)
o
save them, at risk.
UNCLASSIFIED
FOI Document #67
We conduct assessments to determine whether people engage Australias non-refoulement


s33(a)(i)

mid-2014.
Indonesia;
s33(a)(iii)
UNCLASSIFIED
FOI Document #68
Otherwisecleared.
Page 2 of 0
FOI Document #68
Page 3 of 0
FOI Document #68
Page 4 of 0
FOI Document #68
Page 5 of 0
FOI Document #69
TALKING POINTS
Subject
Date
Media Officer

28 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
ISSUE
TALKING POINTS

conditions.
o
UNCLASSIFIED
FOI Document #69
If asked (Q&A)
conditions.
s33(a)(iii)
o
save them, at risk.
UNCLASSIFIED
FOI Document #69
an inquiry into:

POC Name
Title
Mobile
Landline
Date Cleared
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)(ii)
28 October 15
CLEARANCE:
Cleared by
Lachlan
Colquhoun
MAJGEN
Andrew Bottrell
Geoff Shaw
Title
Mark Jeffries
AS Comms and Media
Roman
Quaedvlieg
Commander ABF
MO cleared
Full Name
Sent to MO
Time/Date sent
Commander JATF
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
16:25, 28 October
2015
15:00, 28 October
2015
13:40, 28 October
2015
4:45pm 28 Oct
2015
4:57pm 28 Oct
2015
FOI Document #70
The overriding priority for all agencies involved in Operation Sovereign Borders is the safety of all
involved, including potential illegal immigrants, people smuggling vessel crews, as well as
If asked (Q&A)
Measures and safeguards are in place to ensure that actions and activities undertaken under Operation
Sovereign Borders are consistent with Australian domestic law and Australias obligations under
international law.
involved, including potential illegal immigrants, people smuggling vessel crews, as well as Australian
personnel.

conditions.
s33(a)(iii)
Why wont the Government provide further detail or allow independent monitoring of Operation
Sovereign Borders?
The Government is required to continually balance the publics right to know with the safety of all
involved when it comes to the public release of information.
People smugglers use information about on-water procedures to instruct crew and passengers on
how to limit the effectiveness of our procedures.
o
save them, at risk.
We conduct assessments to determine whether people potentially engage Australias

non-refoulement obligations under international law.
Page 2 of 0
FOI Document #70
s22(1)(a)(ii) - duplicate email/media inquiry
Page 3 of 0
FOI Document #70
Page 4 of 0
FOI Document #71
Regards
s22(1)(a)(ii)
CounterPeopleSmugglingSection
PacificandTransnationalIssuesBranch|InternationalDivision
PolicyGroup
DepartmentofImmigrationandBorderProtection
P:s22(1)(a)(ii)
Email:s22(1)(a)(ii)
@border.gov.au
Page 2 of 0
FOI Document #71
Page 3 of 0
FOI Document #71
Page 4 of 0
FOI Document #71
Page 5 of 0
FOI Document #72

Ms Claire Mallinson
National Director
Amnesty International Australia
79 Myrtle St
Chippendale NSW 2008
Dear Ms Mallison
RE: Amnesty International report into treatment of asylum seekers at sea
I refer to your letter of 28 October 2015 in relation to the findings of investigations undertaken by
Amnesty International.
The report contained a number of allegations about the ill mistreatment of potential illegal
immigrants at sea.
People on intercepted vessels are held lawfully in secure, safe and humane conditions and those
people are appropriately cared for while detained by Australian Border Force and Australian
Defence Force personnel. All persons are treated humanely and with respect and dignity at all
times. Appropriate accommodation and medical care is provided. However, any allegations of
ill mistreatment are taken seriously and will be investigated.
I can assure you that measures and safeguards are in place to ensure actions and activities
conducted under Operation Sovereign Borders are undertaken in a manner consistent with
Australian domestic law and Australias obligations under international law, including in relation to
non-refoulement.
The submission by the Commander of the Operation Sovereign Borders Joint Agency Task
Force to the Inquiry by the Legal and Constitutional Affairs References Committee is an accurate
description of events that occurred in May 2015.
involved, including potential illegal immigrants and people smuggling vessel crews, as well as
Yours sincerely
FOI Document #72
2
PETER DUTTON
FOI Document #73
Submission
For information
To
Subject
Response to Amnesty International report into treatment of asylum

seekers at sea
Timing
Please action by 12 November 2015.
Recommendations
That you:
1. Note that Amnesty International has advised of the release of
their report (at Attachment A) regarding the treatment of
asylum seekers at sea; and
2. Note that the Department will be conducting a review

through Integrity and Professional Standards bBranch into
allegations of mistreatment as raised by the report.
3. Note the proposed response to Amnesty International

(at Attachment B).
4. Note the prepared media talking points addressing the report

(at Attachment C).
Signature
Date:/./2015
FOI Document #73

Ministers Comments
Rejected
Yes/No
Timely
Yes/No
Relevance
Highly relevant
Significantly
relevant
Not relevant
Length
Too long
Right length
Too brief
Quality
Comments:
Key Issues
1.
On 28 October 2015, Amnesty International wrote to the Prime Minister, the Hon Malcolm
Turnbull MP, to advise the release of their report By hook or by crook: Australias treatment of
asylum seekers at sea (Attachment A). The letter, along with the report, was also sent to your
office, the Minister of Defence and the Minister for Foreign Affairs.
2.
The report makes allegations in relation to returns at sea in May and July 2015, and on five
other occasions between late 2013 and mid-2014.
3.
The report also claims that payments were made on a venture returned in May 2015. There
are additional allegations, that are contrary to government claims, the boat was not in distress
when intercepted; and that officials mistreated passengers before endangering their lives by
returning them on inadequate vessels.
4.
The report further alleges that Australian officials may have made a second payment to a boat
crew in July 2015.
5.
There are also claims that individuals turned back through 2013-14 were subject to illmistreatment at the hands of Australian officials and detained without due process.
6.
It is the first time that these specific claims of mistreatment have been brought to the
attention of the Department. Accordingly, the matter has will been referred to the Integrity
and Professional Standards bBranch to conduct an independent review into the allegations of
ill mistreatment.
7.
Enclosed at Attachment B is a proposed response to Amnesty International should one be

required.
8.
Prepared media talking points addressing the report are at Attachment C.
FOI Document #73

9.
Maritime Border Command, International Division and Legal Advice and Operational Support
and the DFAT People Smuggling Task Force were consulted.
Consultation Secretary/Commissioner
10. The Secretary and Commissioner were consulted in the drafting of the attached documents.

11. N/A.
Sensitivities
12. N/A.
13. N/A.
Attachments
Attachment A
Letter from Ms Claire Mallinson, National Director of Amnesty International to

the Prime Minister, the Hon Malcolm Turnbull MP with enclosed report Letter
from Ms Claire Mallinson, National Director of Amnesty International to the
Prime Minister, the Hon Malcolm Turnbull MP with enclosed report By hook or
by crook: Australias treatment of asylum seekers at sea.
Attachment B
Proposed Response from Minister Dutton to Ms Claire Mallinson.
Attachment C
Media Talking Points addressing Amnesty International Report
Authorising Officer
Cleared by:
Name Here
Position
Division/Branch
Date: Enter date cleared
Ph: XX XXXX XXXX
Contact Officer Name, Position, Section/Branch, Ph: XX XXXX XXXXs22(1)(a)(ii)
Operation Sovereign Borders, Ph: s22(1)(a)(ii)
Through
Joint Agency Task Force,
Deputy Commissioner Operations
FOI Document #73

CC
Secretary
Commissioner
Deputy Secretaries
Deputy Commissioner Support
FOI Document #74
Submission
For information
To
Subject
Response to Amnesty International report into treatment of asylum

seekers at sea
Timing
Please action by 12 November 2015.
Recommendations
That you:
1. Note that Amnesty International has advised of the release of
their report (at Attachment A) regarding the treatment of
asylum seekers at sea; and
2. Note that the Department will be conducting a review

through Integrity and Professional Standards Branch into
allegations of mistreatment as raised by the report.
3. Note the proposed response to Amnesty International

(at Attachment B).
4. Note the prepared media talking points addressing the report

(at Attachment C).
Signature
Date:/./2015
FOI Document #74

Ministers Comments
Rejected
Yes/No
Timely
Yes/No
Relevance
Highly relevant
Significantly
relevant
Not relevant
Length
Too long
Right length
Too brief
Quality
Comments:
Key Issues
1.
On 28 October 2015, Amnesty International wrote to the Prime Minister, the Hon Malcolm
Turnbull MP, to advise the release of their report By hook or by crook: Australias treatment of
asylum seekers at sea (Attachment A). The letter, along with the report, was also sent to your
office, the Minister of Defence and the Minister for Foreign Affairs.
2.
The report makes allegations in relation to returns at sea in May and July 2015, and on five
other occasions between late 2013 and mid-2014.
3.
The report also claims that payments were made on a venture returned in May 2015. There
are additional allegations, that are contrary to government claims, the boat was not in distress
when intercepted; and that officials mistreated passengers before endangering their lives by
returning them on inadequate vessels.
4.
The report further alleges that Australian officials may have made a second payment to a boat
crew in July 2015.
5.
There are also claims that individuals turned back through 2013-14 were subject to
mistreatment at the hands of Australian officials and detained without due process.
6.
It is the first time that these specific claims of mistreatment have been brought to the
attention of the Department. Accordingly, the matter will be referred to the Integrity and
Professional Standards Branch to conduct an independent review into the allegations of
mistreatment.
7.
Enclosed at Attachment B is a proposed response to Amnesty International should one be

required.
8.
Prepared media talking points addressing the report are at Attachment C.
FOI Document #74

9.
Maritime Border Command, International Division and Legal Advice and Operational Support
and the DFAT People Smuggling Task Force were consulted.
Consultation Secretary/Commissioner
10. The Secretary and Commissioner were consulted in the drafting of the attached documents.

11. N/A.
Sensitivities
12. N/A.
13. N/A.
Attachments
Attachment A
Letter from Ms Claire Mallinson, National Director of Amnesty International to

the Prime Minister, the Hon Malcolm Turnbull MP with enclosed report By hook
or by crook: Australias treatment of asylum seekers at sea.
Attachment B
Proposed Response from Minister Dutton to Ms Claire Mallinson.
Attachment C
Media Talking Points addressing Amnesty International Report
Authorising Officer
Cleared by:
Date: Enter date cleared

Ph: XX XXXX XXXX
Joint Agency Task Force, Operation Sovereign Borders, Ph: s22(1)(a)(ii)
Through
Deputy Commissioner Operations
CC
Secretary
Commissioner
Deputy Secretaries
Deputy Commissioner Support
FOI Document #75

Ms Claire Mallinson
National Director
Amnesty International Australia
79 Myrtle St
Chippendale NSW 2008
Dear Ms Mallison
RE: Amnesty International report into treatment of asylum seekers at sea
I refer to your letter of 28 October 2015 in relation to the findings of investigations undertaken by
Amnesty International.
The report contained a number of allegations about the mistreatment of potential illegal
immigrants at sea. People on intercepted vessels are held lawfully in secure, safe and humane
conditions and those people are appropriately cared for while detained by Australian Border
Force and Australian Defence Force personnel. All persons are treated humanely and with
respect and dignity at all times. Appropriate accommodation and medical care is provided.
However, any allegations of mistreatment are taken seriously and will be investigated.
I can assure you that measures and safeguards are in place to ensure actions and activities
conducted under Operation Sovereign Borders are undertaken in a manner consistent with
Australian domestic law and Australias obligations under international law, including in relation to
non-refoulement.
The submission by the Commander of the Operation Sovereign Borders Joint Agency Task
Force to the Inquiry by the Legal and Constitutional Affairs References Committee is an accurate
description of events that occurred in May 2015.
involved, including potential illegal immigrants and people smuggling vessel crews, as well as
Yours sincerely
PETER DUTTON
FOI Document #76
TALKING POINTS
Subject
Date
Media Officer

28 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
ISSUE
TALKING POINTS

conditions.
o
UNCLASSIFIED
FOI Document #76
If asked (Q&A)
conditions.
s33(a)(iii)
o
save them, at risk.
UNCLASSIFIED
FOI Document #76
an inquiry into:
POC Name
Title
Mobile
Landline
Date Cleared
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)(ii)
28 October 15
CLEARANCE:
Cleared by
Lachlan
Colquhoun
MAJGEN
Andrew Bottrell
Geoff Shaw
Title
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)
(ii)
MO cleared
Full Name
Time/Date sent
Commander JATF
Media Operations
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
16:25, 28 October
2015
15:00, 28 October
2015
13:40, 28 October
2015
FOI Document #77
TALKING POINTS
Subject
Date
Media Officer

28 October 2015
Agency
s22(1)(a)(ii)
02 6264 2244
ISSUE
TALKING POINTS

conditions.
o
UNCLASSIFIED
FOI Document #77
If asked (Q&A)
conditions.
s33(a)(iii)
o
save them, at risk.
UNCLASSIFIED
FOI Document #77
an inquiry into:

POC Name
Title
Mobile
Landline
Date Cleared
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)(ii)
s22(1)(a)(ii)
28 October 15
CLEARANCE:
Cleared by
Lachlan
Colquhoun
MAJGEN
Andrew Bottrell
Geoff Shaw
Title
Mark Jeffries
AS Comms and Media
Roman
Quaedvlieg
Commander ABF
MO cleared
Full Name
Sent to MO
Time/Date sent
Commander JATF
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
Time/Date cleared
16:25, 28 October
2015
15:00, 28 October
2015
13:40, 28 October
2015
4:45pm 28 Oct
2015
4:57pm 28 Oct
2015
FOI Document #78
Page 3 of 0
FOI Document #79
Peopleoninterceptedvesselsareheldlawfullyinsecure,safe,humane,andappropriateconditionsbythepersonnel
oftheAustralianBorderForce(ABF)andtheAustralianDefenceForce(ADF).
Tosuggestotherwise,asAmnestyhasdone,istocastasluronthemenandwomenoftheABFandADF.
TheGovernmentwillalwaysactinthebestinterestsoftheAustralianpeople.
OperationSovereignBordersisconductedconsistentwithAustraliandomesticlawandAustraliasobligationsunder
internationallaw
WearestilluncertainiftheMinisterwillprovidereplytotheAmnestyInternationalletter.
Regards
s22(1)(a)(ii)
P:s22(1)(a)(ii)
|M:s22(1)(a)(ii)
s22(1)(a)(ii)
E:
@border.gov.au
Page 2 of 0
FOI Document #79
______________________________________________________________________
______________________________________________________________________
Page 3 of 0
FOI Document #80
Cc: Andrew BOTTRELL; s22(1)(a)(ii)

Subject: RE: URGENT: Proposed submission regarding Amnesty Report [DLM=For-Official-Use-Only]
All
For clarity, I've not referred the allegations of mistreatment for 'investigation'. In accordance with previous practice and our
departmental policies they have been referred for assessment by I&PS. This course of action is consistent with the Defence
process outlined below by C-MBC. Our public position and comments should reflect this.
RQ
Roman Quaedvlieg
Commissioner
Australian Border Force
s22(1)(a)(ii)
________________________________
From: NOONAN Michael<mailto michael.noonan@border.gov.au>
Sent: 29/10/2015 9:10
To: OUTRAM Michael<mailto:michael.outram@border.gov.au>
Cc: BOTTRELL Andrew<mailto:andrew.bottrell@border.gov.au>; s22(1)(a)(ii)
QUAEDVLIEG Roman<mailto:roman.quaedvlieg@border.gov.au>
Michael,
In addition, I am having my Legal Officer raise a Defence Incident Report (DIR), which captures the fact that allegations have
been made and what our course of action will be in terms of response. I am producing this DIR in order to provide CJOPS and
CDF with assurance that from an ADF perspective, we are following the established, transparent process regarding allegations
against this ADF. The DIR then becomes the instrument used by a Decision Maker (probably me in this case) to determine
whether or not there is a need for further investigation.
Best wishes,
Mike
Rear Admiral M.J. Noonan, AM, RAN
Commander Maritime Border Command / CJTF 639 ______________________________________________
ph: s22(1)(a)(ii)
mob:
From: NOONAN Michael

Sent: Thursday, 29 October 2015 8:24 AM
To: OUTRAM Michael
Cc: BOTTRELL Andrew; s22(1)(a)(ii)
Good morning Michael,
s47C
Page 2 of 0
FOI Document #80
s47C
Best wishes,
Mike
Rear Admiral M.J. Noonan, AM, RAN
Commander Maritime Border Command / CJTF 639 ______________________________________________
ph: s22(1)(a)(ii)
mob:
________________________________
Page 3 of 0
FOI Document #81
s22(1)(a)(ii)
From: s22(1)(a)(ii)
@BORDER.GOV.AU]
Sent: Friday, 6 November 2015 9:56 AM
To: s22(1)(a)(ii)
Subject: RE: Indonesia - Amnesty report - talking point [SEC=UNCLASSIFIED]
UNCLASSIFIED
s22(1)(a)(ii)
s47C
IfnotweshouldincludeafewifraisedonthisdrawnfromtheMinisterspublicstatements.
s22(1)(a)(ii)
Cheers
s22(1
)(a)
UNCLASSIFIED
From: s22(1)(a)(ii)
@border.gov.au]
Sent: Friday, 6 November 2015 9:43 AM
To: s22(1)(a)(ii)
MCGREGOR, Robert [DIBP]; s22(1)(a)(ii)
Cc: s22(1)(a)(ii)
CROOKS, Jo [DIBP]; s22(1)(a)

(ii)
Subject: RE: Indonesia - Amnesty report - talking point [SEC=UNCLASSIFIED]
All,
s47C
s22(1)(a)(ii)
Regards
s22(1)(a)(ii)
P:s22(1)(a)(ii)
|M:s22(1)(a)(ii)
s22(1)(a)(ii)
E:
@border.gov.au
Page 2 of 0
FOI Document #81
Page 3 of 0
FOI Document #81
Page 4 of 0
FOI Document #81

IMMIGRATION AND BORDER PROTECTION
QUESTION TIME BRIEF (QTB)
AMNESTY INTERNATIONAL REPORT INTO TREATMENT OF

ASYLUM SEEKERS AT SEA
QUESTION:
What is the Governments response to comments contained in the Amnesty
report on the treatment of asylum seekers at sea?
KEY POINTS:
On 29 October 2015, Amnesty International released a report which alleged
Australian officials paid crew on a venture returned in May 2015.
- There were additional allegations that the boat was not in distress when
intercepted as stated by the Government; and that officials mistreated
passengers before endangering their lives by returning them on inadequate
vessels.
Further allegations were made that Australian officials may have made a second
payment to a boat crew in July 2015.
There were also claims that individuals turned back through 2013-14 were subject
to mistreatment at the hands of Australian officials and were detained without due
process.
Measures and safeguards are in place to ensure actions and activities conducted
under Operation Sovereign Borders are undertaken in a manner consistent with
Australias domestic law and Australias obligations under international law,
including in relation to non-refoulement.
People on intercepted vessels are held lawfully in safe, secure and humane
conditions and appropriately cared for while detained by Australian Border Force
and Australian Defence Force personnel.
Any allegations of mistreatment are taken seriously and will be assessed.
The submission by the Commander of the Operation Sovereign Borders Joint

Agency Task Force to the Inquiry by the Legal and Constitutional Affairs
References Committee is an accurate description of events that occurred in May
2015.
The overriding priority for all agencies involved in Operation Sovereign Borders
is the safety of all involved, including potential illegal immigrants and people
smuggling vessel crews, as well as Australian personnel.
PDR No. QB15-000617
FOI Document #81


If asked: did Amnesty International request comment from the Department prior to
the release their report?
Ms Audrey Gaughran, the A/g Senior Director for Resarch of Amnesty

International wrote to the Secretary Pezzullo on 22 October 2015 to advise of the
investigation.
The letter claimed that Australian officials, through their actions and omissions,
breached Articles 7, 9 and 16 of the Smuggling Protocol. It also claimed to have
collected evidence which contradicts Commander JATFs submission to the
Committee.
The Department did not provide a response to the letter.
If asked: did the Department provide any information to Amnesty International prior
to the release of their report? If not, what sources did Amnesty International rely on?
The Department did not provide any information to Amnesty International.

Amnesty stated that they conducted interviews with the 65 passengers and six
crew on the May 2015 venture, and 15 people on the July 2015 boat.
Amnesty also stated it spoke to the International Organization for Migration, the
United Nations High Commissioner for Refugees as well as Indonesian
Government officials and police.
BACKGROUND AND CHRONOLOGY

On 29 October 2015, Amnesty International released its report By Hook or By
Crook: Australias Abuse of Asylum Seekers at Sea on its investigation into
interceptions by the Australian officials and turnbacks at sea in May and July 2015
and on five other occasions between late 2013 and mid-2014.
The report claims that Australian naval and Australia Border Force officials, through
their action and omissions, breached Australias obligations under the UN
Convention on Transnational Organized Crime and international human rights law,
including in relation to prohibitions against people smuggling, refoulement and
arbitrary detention. The report also claims to have collected evidence which
PDR No. QB15-000617
FOI Document #81


According to the report, Amnesty Internationals investigation indicates that in May
2015:
Australian officials paid a boat crew almost USD 32,000 to return asylum seekers
to Indonesia;
Australian officials forced 65 asylum seekers onto overcrowded boats with
inadequate fuel;
The boat was not experiencing difficulty, contrary to the Governments claims;
and
Australian officials unlawfully detained, ill-treated and denied medical care to up
to 50 asylum seekers for one week on an ABF vessel.
The report concludes with a number of recommendations, including calling for a

Royal Commission into Operation Sovereign Borders.
Contact: MAJGEN Andrew Bottrell, CJATF
Division: JATF
Date first prepared: 02/11/2015
Originating Source: JATF
Date last Updated: 02/11/2015
Version: 1.0
PDR No. QB15-000617
FOI Document #82

OSB-1015
6/01/2016
ALLEGATIONS OF PAYMENTS TO SIEV CREWS

CURRENT ISSUE
to the captain and crew of a people smuggling venture that was returned to
Indonesia.
s33(a)(iii)
It has been reported that three AFP officers would be visiting Rote this
week, although the nature of their visit was not confirmed.
When asked about this matter on 9 June 2015, the Minister for
Immigration and Border Protection denied Australian officials had paid
the crew of a boat to stay away from Australia.

Is the Department aware of these allegations, how has it investigated them,
and has it established if they are accurate?
PDR No. QB15-000305
FOI Document #83
Tels22(1)(a)(ii)
,Mobs22(1)(a)(ii)
Page 2 of 0
FOI Document #83
s33(a)(iii)
FOI Document #83
s47C
s47C
s47C
FOI Document #84
FOI Document #85

ALLEGATIONS OF PAYMENTS TO SIEV CREWS (INCL

SENATE INQUIRY)
venture. The information contained in this submission is an accurate account of what
transpired in May 2015.

Division: JATF
Version: 1.0
PDR No. QB15-000489
FOI Document #86
TALKING POINTS
Subject
Date
Media Officer

13 November 2015
Agency
s22(1)(a)(ii)
02 s22(1)(a)(ii)
ISSUE
TALKING POINTS
On 28 October, Amnesty International released a report which contained a number of

specific allegations about the ill treatment of potential illegal immigrants at sea.
conditions.
However, any allegations about ill treatment are taken seriously and will be assessed.
o
UNCLASSIFIED
FOI Document #86
If asked (Q&A)
Has the Minister responded to Amnesty Internationals report?
The Minister wrote to Ms Claire Mallinson, National Director of Amnesty Australia in response to
the report on 11 November 2015.
conditions.
s33(a)(iii)
UNCLASSIFIED
FOI Document #86
save them, at risk.
s47C

The crew members were allegedly paid
s33(a)(i)

mid-2014.
Indonesia;
On 11 November 2015, the Minister for Immigration and Border Protection wrote to Ms Claire
Mallinson, the National Director of Amnesty International Australia in response to the report. The
UNCLASSIFIED
FOI Document #87
TALKING POINTS
Subject
Date

13 November 2015
Agency
s22(1)(a)(ii)
Media Officer
02 6264 2244
ISSUE
TALKING POINTS

conditions.
o
UNCLASSIFIED
FOI Document #87
If asked (Q&A)
conditions.
s33(a)(iii)
UNCLASSIFIED
FOI Document #87
save them, at risk.
s47C

s33(a)(i)

mid-2014.
Indonesia;
On 11 November 2015, the Minister for Immigration and Border Protection wrote to Ms Claire
Mallinson, the National Director of Amnesty International Australia in response to the report. The
UNCLASSIFIED
FOI Document #88
TALKING POINTS
Subject
Date
Media Officer

13 November 2015
Agency
s22(1)(a)(ii)
02 6264 2244
ISSUE
Talking points in response to Amnesty Internationals investigation into interceptions by the
Australian officials and turn backs at sea in May and July 2015 and five other occasions between
late 2013 and mid-2014. Amnesty International wrote to the Prime Minister on 28 October 2015
about their report. The Minister for Immigration and Border Protection responded to Amnesty
International on 11 November 2015.
TALKING POINTS

conditions.
o
UNCLASSIFIED
FOI Document #88
If asked (Q&A)
conditions.
s33(a)(iii)
UNCLASSIFIED
FOI Document #88
o
save them, at risk.
s47C

s33(a)(i)

mid-2014.
Indonesia;
UNCLASSIFIED
FOI Document #88
MO cleared
Full Name
Sent to MO
Cleared by MO
Time DD Month 2015
UNCLASSIFIED
FOI Document #090


QUESTION:
What is the Governments response to comments contained in the Amnesty
report on the treatment of asylum seekers at sea?
KEY POINTS:
On 29 October 2015, Amnesty International released a report which alleged
Australian officials paid crew on a venture returned in May 2015.
- There were additional allegations that the boat was not in distress when
intercepted as stated by the Government; and that officials mistreated
passengers before endangering their lives by returning them on inadequate
vessels.
Further allegations were made that Australian officials may have made a second
payment to a boat crew in July 2015.
There were also claims that individuals turned back through 2013-14 were subject
to mistreatment at the hands of Australian officials and were detained without due
process.
Measures and safeguards are in place to ensure actions and activities conducted
under Operation Sovereign Borders are undertaken in a manner consistent with
Australias domestic law and Australias obligations under international law,
including in relation to non-refoulement.
People on intercepted vessels are held lawfully in safe, secure and humane
conditions and appropriately cared for while detained by Australian Border Force
and Australian Defence Force personnel.
Any allegations of mistreatment are taken seriously and will be assessed.
The submission by the Commander of the Operation Sovereign Borders Joint

Agency Task Force to the Inquiry by the Legal and Constitutional Affairs
References Committee is an accurate description of events that occurred in May
2015.
The overriding priority for all agencies involved in Operation Sovereign Borders
is the safety of all involved, including potential illegal immigrants and people
smuggling vessel crews, as well as Australian personnel.
PDR No. QB15-000617
FOI Document #090


If asked: did Amnesty International request comment from the Department prior to
the release their report?
Ms Audrey Gaughran, the A/g Senior Director for Resarch of Amnesty

International wrote to the Secretary Pezzullo on 22 October 2015 to advise of the
investigation.
The letter claimed that Australian officials, through their actions and omissions,
breached Articles 7, 9 and 16 of the Smuggling Protocol. It also claimed to have
collected evidence which contradicts Commander JATFs submission to the
Committee.
The Department did not provide a response to the letter.
If asked: did the Department provide any information to Amnesty International prior
to the release of their report? If not, what sources did Amnesty International rely on?
The Department did not provide any information to Amnesty International.

Amnesty stated that they conducted interviews with the 65 passengers and six
crew on the May 2015 venture, and 15 people on the July 2015 boat.
Amnesty also stated it spoke to the International Organization for Migration, the
United Nations High Commissioner for Refugees as well as Indonesian
Government officials and police.
BACKGROUND AND CHRONOLOGY

On 29 October 2015, Amnesty International released its report By Hook or By
Crook: Australias Abuse of Asylum Seekers at Sea on its investigation into
interceptions by the Australian officials and turnbacks at sea in May and July 2015
and on five other occasions between late 2013 and mid-2014.
The report claims that Australian naval and Australia Border Force officials, through
their action and omissions, breached Australias obligations under the UN
Convention on Transnational Organized Crime and international human rights law,
including in relation to prohibitions against people smuggling, refoulement and
arbitrary detention. The report also claims to have collected evidence which
PDR No. QB15-000617
FOI Document #090


According to the report, Amnesty Internationals investigation indicates that in May
2015:
Australian officials paid a boat crew almost USD 32,000 to return asylum seekers
to Indonesia;
Australian officials forced 65 asylum seekers onto overcrowded boats with
inadequate fuel;
The boat was not experiencing difficulty, contrary to the Governments claims;
and
Australian officials unlawfully detained, ill-treated and denied medical care to up
to 50 asylum seekers for one week on an ABF vessel.
The report concludes with a number of recommendations, including calling for a

Royal Commission into Operation Sovereign Borders.
The Minister wrote to Ms Claire Mallinson, National Director of Amnesty
International Australia in response to the report on 11 November 2015.
Division: JATF
Version: 1.0
PDR No. QB15-000617

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FOI Document #1

s22(1)(a)(ii) - administrative email

From: Portfolio Media

s22(1)(a)(ii) - administrative email

s22(1)(a)(ii) - administrative email

s22(1)(a)(ii) - media inquiry

FOR OFFICIAL USE ONLY

OPERATION SOVEREIGN BORDERS JOINT AGENCY TASK FORCE

ALLEGATIONS OF PAYMENTS TO SIEV CREW

PDR No. QB15-000305

I wont comment on operational matters, and the Embassy is not aware of

But what is important is that people smuggling is not a problem of either

and Australias policies have contributed to a significant fall in dangerous

We also welcome Indonesias efforts to accommodate irregular migrants who

Australia is assisting Indonesia to manage these migrants through our

funding food, water and medical assistance for these migrants

and meeting the costs of returning migrants like the Bangladeshis.

FOR OFFICIAL USE ONLY

OPERATION SOVEREIGN BORDERS JOINT AGENCY TASK

ALLEGATIONS OF PAYMENTS TO SIEV CREW

PDR No. QB15-000305

FOR OFFICIAL USE ONLY

OPERATION SOVEREIGN BORDERS JOINT AGENCY TASK FORCE

ALLEGATIONS OF PAYMENTS TO SIEV CREW

PDR No. QB15-000305

Contingency Points migration issues

The Australian Government does not comment on or disclose operational details

FOI Document #10

FOI Document #10

PAYMENTS TO PEOPLE SMUGGLERS

FOI Document #10

If asked: did ASIS pay people smugglers?

We are managing relations with Indonesia transparently and predictably.

If asked: have Australian agencies broken the law?

FOI Document #11

FOI Document #11

If asked: did ASIS pay people smugglers?

We are managing relations with Indonesia transparently and predictably.

If asked: have Australian agencies broken the law?

FOI Document #11

FOR OFFICIAL USE ONLY

OPERATION SOVEREIGN BORDERS JOINT AGENCY TASK FORCE

ALLEGATIONS OF PAYMENTS TO SIEV CREW

PDR No. QB15-000305

FOI Document #12

THE HON PETER DUTTON MP

FOI Document #12

material the disclosure of which could reasonably be expected to cause damage to

material relating to law enforcement or protection of public safety which would, or

prejudice the investigation of a possible breach of the law or the enforcement

prejudice the investigation of a possible breach of the law or the enforcement

endanger the life or physical safety of any person.

disclose lawful methods or procedures for preventing, detecting, investigating,

FOI Document #12

prejudice the maintenance or enforcement of lawful methods for the

Specifically, the requested documents may:

Would undermine the tactical advantage of civil maritime surveillance

Would undermine the Commonwealth of Australias ability to protect

Would undermine more generally

the effectiveness of Border Protection

Enable an exploitation of confidential methodology and processes used by

Provide a basis for further positive marketing by people smugglers of

Undermine communications strategies aimed at clarifying current policy

Undermines the further development of international agreement and