The RNLI, Border Force, or any boat or ship which sees people in distress at sea has a legal duty to assist. If some countries such as Australia disregard international maritime law, that's not a valid reason for us to do likewise.
It's an irony which is lost on many, that almost all Australians are 'boat people'. The first Fleet of British settlers who went there were 'illegal immigrants', who, on arrival, because the only genuine Australians - the indigenous Aboriginal people, were hunter-gatherers and were sparsely dispersed, declared Australia to be 'Terra Nullius' - land that is legally deemed to be unoccupied or uninhabited. Once the First fleet arrived, they subsequently invited other British 'boat people' to turn up. Attitudes which prevailed then, are now part of Australia's DNA.
In Australia the question of whether British colonisers had regarded the continent as terra nullius at the time of the original settlement, and, if so, whether this was a proper designation, has been at the centre of several important legal cases in the late 20th and early 21st centuries. They took diseases and alcohol there, and cruelly treated (still do), Aboriginal people. If you want to know how racist Australia was/is, it's worth reading about the 'Stolen Generation'.
The
Stolen Generations (also known as
Stolen Children) were the children of Aboriginal and Torries State Islanders descent who were forcibly removed from their families by the Australian federal and state government agencies and church missions, under
acts of their respective parliaments. The removals of those referred to as 'half-caste' children were conducted in the period between approximately 1905 and 1967, although in some places mixed race children were still being taken into the 1970s.
https://en.wikipedia.org/wiki/Stolen_Generations
Back to international maritime law:
International maritime law requires ships to assist people in distress at sea,
regardless of the circumstances:
- United Nations Convention on the Law of the Sea (UNCLOS): Article 98 of the UNCLOS requires states to require ship masters to help anyone in danger at sea, unless it would seriously endanger the rescuing ship.
- International Convention for the Safety of Life at Sea (SOLAS): This 1974 convention regulates maritime rescue.
- International Convention on Maritime Search and Rescue (SAR): This 1979 convention regulates maritime rescue.
- Duty to rescue applies equally to all: The duty to rescue applies regardless of the circumstances, including to people who contributed to their own distress.
- Duty to proceed with all speed: If a ship is able to provide assistance, it must proceed to help as quickly as possible.
- Duty to inform: The ship should inform the search and rescue service or the people in distress that it is helping.
The duty to rescue at sea is rooted in maritime tradition and is considered customary international law.
That's exactly as it should be and is exactly what happens around our shores, though undoubtedly there are those who think it should be otherwise.