Migration Amendment (Repairing Medical Transfers) Bill 2019

The majority voted against amendments introduced by NSW Senator Kristina Keneally (Labor), which means they failed.

Senator Keneally explained the purpose of the amendments:

These are amendments that would ensure a savings provision of sorts for people who have already applied for a medevac transfer—that is, sick people on Manus and Nauru who have already applied for the medevac assessment and who are already in the medevac assessment process. They would be saved by this provision that would allow them to complete that. If they are assessed by doctors—doctors appointed by Minister Dutton, by the way—to need medical treatment, they will be able to access it through the medevac process.

Amendment text

(1) Schedule 1, item 15, page 5 (lines 11 to 29), omit the item, substitute:

15 Continued application of old law

(1) This item applies in relation to a transitory person if, immediately before this item's commencement, any of the following had occurred:

(a) a decision had been made by the Minister in relation to the person under section 198D, 198E, 198F or 198G of the old law;*

(b) the Secretary had identified the person as a legacy minor under section 198D of the old law but had not notified the Minister;

(c) the Secretary had been notified about the person under section 198E of the old law but had not notified the Minister;

(d) the Minister had been notified about the person under section 198D or 198E of the old law but had not made a decision about the person;

(e) the Independent Health Advice Panel (the panel) had been notified by the Minister about the person under section 198F of the old law but the panel had not informed the Minister of its recommendation in relation to the person;

(f) the Minister had been informed by the panel about the person under section 198F of the old law but the Minister had not made a decision about the person;

(g) the Minister had been informed by an officer about the person under section 198G of the old law but the Minister had not made a decision about the person.

(2) Despite the amendments and repeals made by this Schedule, the old law continues to apply, in relation to the transitory person, as if those amendments and repeals had not been made.

(3) The old law is the Migration Act 1958 as in force immediately before this item's commencement.

(4) To avoid doubt, this item does not affect the operation of subsection 7(2) of the Acts Interpretation Act 1901.