Senate report fails to justify Government’s attempt to repeal Medevac laws
A Senate Committee report released today shows that the Medevac laws are working as intended. The laws, passed in February 2019, allow doctors to recommend that people be evacuated from Nauru and Papua New Guinea to Australia for medical treatment.
The Senate Legal and Constitutional Affairs Legislation Committee conducted an inquiry into the Government’s attempt to repeal the Medevac laws.
David Burke, Legal Director at the Human Rights Law Centre, said the report did not make the case for the Government to repeal the Medevac laws.
“Before the Medevac laws, decisions about transfers were too often made for political rather than medical reasons. We were forced to go to court at all hours of the day and night to get seriously ill people urgently needed medical care.”
“The Government’s delays and refusal to transfer people for treatment repeatedly put the lives of children, women and men at risk. A Queensland coroner found one young man died because he was not provided with the treatment and transfer doctors had asked for,” said Burke.
The report highlighted the work of the independent medical specialists who have conducted rigorous assessments of patients. In the vast majority of cases, the Minister or the independent review panel agreed with those assessments and approved the transfer.
“For the first time in more than six years of indefinite offshore detention, there is a fair, independent and timely process to allow people to receive vital medical treatment and assessment,” Burke said.
The report also does not support the “floodgates” claims made by the Government when the Medevac laws were passed, which led to the re-opening of the Christmas Island Detention Centre. Seven months later, not one person transferred under the Medevac laws has been sent to Christmas Island.
“When the Medevac laws were passed, the Government made a series of wild claims which were not borne out in reality. This report does not even attempt to address the huge expense of re-opening Christmas Island Detention Centre,” said Burke.
Burke also rejected the Government Committee members’ comments regarding the impact of the Medevac laws on the Minister’s power to control transfers.
Under the Medevac laws, the Minister has the power to veto any application on specific character or national security grounds. The laws also require ASIO to advise the Minister if the transfer would be prejudicial to security. Every person transferred under the Medevac laws remains in immigration detention unless the Minister decides otherwise.
“The Government Committee Members’ conclusions are more fear mongering about this essential medical process. The Minister still has the power to reject applications on character or security grounds. The Government is continuing to try to distract from what is at the heart of these laws - that medical decisions should be made by doctors not politicians,” said Burke.
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