Doctors working in Australian detention centres are being urged by legal bodies to seek legal advice, with new laws potentially exposing them to personal injury claims or professional misconduct proceedings.

The federal government, with the support of Labor, introduced a new offence relating to the operations of the Australian Border Force that could render disclosures from routine activities of many doctors and contractors potentially illegal.

The new offence gives the immigration department secretary a broader discretion to determine what kind of “protected information” would be subject to the offence, and also greater powers in determining to whom it could be applied.

It could also potentially criminalise the making of “a record” of information that is protected. There are limited exceptions that could apply to medical staff.

Australian Lawyers Alliance spokesman Andrew Morrison said: “A doctor is bound to act in the best interests of their patient, by virtue of their profession.”

“The government’s new Border Force Act leaves doctors in an impossible position. It is basically asking doctors to choose between themselves and their patients.”

Morrison warned the new law posed a serious conflict of interest for doctors, who are sworn to act in the interests of their patients.

“On the one hand they are professionally sworn to act in the best interests of their patients, and if they fail to do so, could face being struck off as a medical practitioner,” he said.

“However, on the other hand they are threatened with the prospect of imprisonment if they disclose information that highlights abysmal breaches of their patients’ human rights, which does not adequately fulfil legislative exceptions.”

Concerns have repeatedly been raised about the conditions in detention centres in Australia and on Manus Island and Nauru, sparking civil claims against the government. Morrison said that doctors may also find themselves exposed to liability and has urged them to seek advice.

We are concerned by the prospect of jailing psychiatrists for publicly discussing what they believe. RANZCP president

“It may be advisable for medical practitioners to seek legal advice before treating patients in detention under these new legislative requirements,” he said.

“It would be a sad day if Australian doctors are forced to continue to choose between their own best interests and those of their most vulnerable patients being held in immigration detention.”

The Royal Australian and New Zealand College of Psychiatrists has also raised concerns about the new law.

The RANZCP president, Prof Malcolm Hopwood, said: “An important component of healthcare in every setting is independent discussion and review of the care provided.”

“We are particularly concerned by the prospect of jailing psychiatrists for publicly discussing what they believe, based on their specific professional expertise. The introduction of these measures can only make it harder for key settings to attract quality healthcare professionals. The contribution made by psychiatrists who speak out about healthcare in situations such as detention centres is invaluable.”

The federal government will now also require Australian Border Force staff – which could include medical personnel – to sign an oath affirming their loyalty to the organisation.

A copy of the oath was recently tabled by the immigration minister, Peter Dutton. It requires staff to affirm: “I will uphold the significant trust that is placed in me as a result of my role. I will, to the best of my ability, skill and knowledge, faithfully and professionally discharge all my duties according to law, and in such a manner that at all times upholds the good reputation of the Australian Border Force.”