ABF escapes blame for cruise fiasco
The Australian Border Force and its officers have been cleared of any responsibility for Ruby Princess passengers leaving the ship and spreading COVID-19 onshore.
The Australian Border Force and its officers have been cleared of any responsibility for the Ruby Princess debacle that led to sick passengers leaving the cruise ship in Sydney and spreading COVID-19 onshore.
The incident on March 19, linked to more than 20 deaths in Australia and 700 infections, sparked a blame game between the state and federal governments, with NSW Premier Gladys Berejiklian telling colleagues at the time that ABF officials had erroneously advised NSW Health that the ship was low-risk.
However, the special commission of inquiry led by Bret Walker SC found that Home Affairs Minister Peter Dutton’s department did not have any role in the “Ruby Princess mishap”.
“The relevant legislative provisions make it crystal clear that the Australian Border Force, despite its portentous title, has no relevant responsibility for the processes by which, by reference to health risks to the Australian community, passengers were permitted to disembark from the Ruby Princess, as they did, on 19 March 2020,” the report says.
It said this absence of responsibility explained why the ABF had no powers to grant permission to unload a ship and why there were no medical practitioners or epidemiologists in its ranks.
Instead, the report identified a number of “serious” mistakes and “inexcusable” failings by NSW Health.
It also identified shortcomings by the ship’s operator, Carnival, and said there was unsatisfactory communication between federal and state departments and a lack of understanding by officials of their biosecurity role.
The report said there had been “interesting journalism” that had suggested a misreading by an ABF officer of negative influenza results as meaning negative COVID-19 results had contributed to the decision to let passengers off the ship. But this was “not correct”.
“To repeat, neither the ABF nor any ABF officers played any part in the mishap,” the report said.
A federal Department of Agriculture, Water and Environment official, known as the Biosecurity Officer, had the final say on whether to allow passengers to disembark. However, the report said “careful perusal of dense statutory language” made it clear this occurred only on the “favourable word” of NSW Health’s similarly named Human Biosecurity Officer.
The report also recommended a review of vessels’ pre-arrival health reporting through the federal government’s Maritime Arrival Reporting System so it could be improved.
Mr Walker was scathing of the Morrison government’s refusal to allow the inquiry to question federal officers.
“A Summons to a Commonwealth officer to attend and give evidence about the grant of pratique for the Ruby Princess was met with steps towards proceedings in the High Court of Australia,” the report said.
“Quite how this met the Prime Minister’s early assurance of full co-operation with the Commission escapes me.”
Mr Walker said this “waste of time and resources … was most regrettable” and was prompted by a “determination never to concede, apparently on Constitutional grounds, the power of a State Parliament to compel evidence to be provided to a State executive inquiry … by the Commonwealth or any of its officers, agencies or authorities”.
Attorney-General Christian Porter said the federal government “voluntarily co-operated” by providing detailed statements and policy and operation documents to the commission.
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