The Home
Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 colloquially
known as the Medivac Bill was passed by both Houses of the Australian
Parliament on 13 February 2019.
Labor, the Greens and a cluster from cross benches successfully
voted to significantly amend this bill by adding clauses so that persons held
in off-shore detention at Manus Island and Nauru could more easily be
transferred to Australia for medical treatment in a hospital or as an
out-patient while being held in an on-shore detention facility.
“(2A) The Minister must
make a decision under subsection (2):
(a)
as soon as practicable after being notified; and
(b)
no later than 72 hours after being notified….
(3) The Minister must
approve the person’s transfer to Australia unless:
(a)
the Minister reasonably suspects that the transfer of the person to Australia
would be prejudicial to security within the meaning of the Australian Security
Intelligence Organisation Act 1979, including because an adverse security
assessment in respect of the person is in force under that Act; or
(b)
the Minister knows that the person has a substantial criminal record (as
defined by subsection 501(7) as in force at the commencement of this section)
and the Minister reasonably believes the person would expose the Australian
community to a serious risk of criminal conduct.
(3A) Within 72 hours of
the Minister being notified under subsection (1), ASIO should advise the
Minister if the transfer of the person to Australia may be prejudicial to
security within the meaning of the Australian Security Intelligence
Organisation Act 1979 (including because an adverse security assessment in
respect of the person is in force under that Act) and if that threat cannot be
mitigated….
(5) If the Minister does
not make a decision under subsection (2) within the time required by subsection
(2A), the Minister is, at the end of the time, taken to have approved the
person’s transfer under subsection (2).”
How did this hijacking of a government bill come about?
The government has lost
control of the numbers in both chambers of the parliament, making it possible
for an alliance of Labor, the Greens and like-minded crossbenchers to radically
change legislation originally proposed by the government and then pass it into
law.
This has resulted in the
bizarre scenario where parliament can create laws that the government of the
day opposes, such as the ‘medevac bill’.
The medevac bill was
created when such an alliance hijacked a government bill in the Senate late
last year that was intended to make minor adjustments to border protection
laws.
They tacked onto this
legislation all the elements of a private member’s bill proposed by new
independent MP Kerryn Phelps, that would make it possible for the medical
evacuation of offshore detainees to occur.
Embedding the Phelps
bill into the government’s bill made it easier for the legislation to make its
way quickly through the parliament, because government business is usually
given priority over private member’s bills.
The alliance ensured
that the medevac bill passed the Senate during the final week of parliament
last year, but the government shut down the House of Representatives before the
bill could get there for the vote that would turn it into law.
Despite this, the
Coalition was defeated in a lower house vote on the legislation this week and
the medevac bill became law against the government’s wishes.
The last time an Australian
government lost a major vote like this, it conceded the loss was a sign that
the parliament had ‘lost confidence’ in the government and called an election.
Mr Morrison has declined
to take the same route.
So why are
Prime Minister Scott Morrison and Minister for Home Affairs Peter Dutton screaming
that the sky will now fall and Australia will be inundated with asylum seekers
arriving from both Manus and Nauru and by boat from Indonesia?
The shorter answer is that a federal election will occur
sometime after 2 April 2019 up to 18 May 2019 and, with voter support for the
current Liberal-Nationals Coalition being low, Morrison and Dutton are looking
for a scare campaign they believe will resonate across the national electorate.
When one unpacks their argument it is rather illogical.
First of all, off-shore detainees have always been able to
come to Australia for medical treatment although the relevant minister also had
wide veto powers and often exercised that power.
Secondly, these amendments only apply to the est. 1,000
asylum seekers remaining on Manus Island and Nauru.
Finally, although boat arrivals have decreased over the years
the number of asylum seekers arriving in Australia has not consistently fallen. Even in 2015
asylum seekers arriving by air on a valid visa outnumbered those arriving by
boat.
The Abbott-Turnbull-Morrison Government has always bragged about "stopping the boats" but stays silent on the fact that asylum seekers are still coming to Australia by air rather than by sea and, they are coming in increasing numbers.
These particular asylum seekers don't give a damn about the Medivac Bill.
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