Bill
Migration Amendment (Repairing Medical Transfers) Bill 2019
passed, as at 2019-12-04. Home Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Home Affairs
Recorded stages
- introduced — 2019-07-04
- second reading — 2019-07-04
- second reading — 2019-07-23
- second reading — 2019-07-24
- second reading — 2019-07-24
- third reading — 2019-07-25
- third reading — 2019-07-25
- third reading — 2019-07-25
- introduced — 2019-07-29
- second reading — 2019-07-29
- second reading — 2019-12-02
- second reading — 2019-12-03
- second reading — 2019-12-04
- second reading — 2019-12-04
- third reading — 2019-12-04
- passed — 2019-12-04
- royal assent — 2019-12-04
Divisions
- The majority voted against a amendment to the original [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html), which means it failed. The amendment would have changed the usual wording to the wording below. The usual wording is: *that this bill be now read a second time*, which is parliamentary jargon for agreeing with the main idea of the bill. The amendment was introduced by the MP for Scullin [Andrew Giles](https://theyvoteforyou.org.au/people/representatives/scullin/andrew_giles) (Labor). ### Amendment wording > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House notes that the:* > > *(1) Minister for Home Affairs has:* > >> *(a) failed to accurately describe the processes providing for the medical transfer of people from Papua New Guinea and Nauru; and* >> >> *(b) consistently mischaracterised the effects of these processes; and* > > *(2) Minister for Home Affairs and the Minister for Immigration and Citizenship have failed to put forward any amendments which would address any genuine concerns they may have with the operation of the processes".* — 2019-07-24, House of Representatives: negative, ayes 67, noes 76
- Migration Amendment (Repairing Medical Transfers) Bill 2019 - Second Reading - Agree with bill's main idea — 2019-07-24, House of Representatives: affirmative, ayes 77, noes 69
- The majority voted against the following [motion](https://www.openaustralia.org.au/debate/?id=2019-07-25.14.1), which was introduced by the MP for Dickson [Peter Dutton](https://theyvoteforyou.org.au/people/representatives/dickson/peter_dutton). > *That so much of the [standing orders](https://www.peo.gov.au/learning/fact-sheets/standing-orders.html) be suspended as would prevent the motion for the [third reading](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) being moved without delay.* In other words, the majority voted against ending debate on this bill so the House could vote immediately on whether to pass it. Because this division was unsuccessful, the House could continue its discussion of the bill. — 2019-07-25, House of Representatives: affirmative, ayes 75, noes 67
- Migration Amendment (Repairing Medical Transfers) Bill 2019 - Third Reading - Pass the bill — 2019-07-25, House of Representatives: affirmative, ayes 78, noes 69
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2019-12-04.16.1) introduced by WA Senator [Mathias Cormann](https://theyvoteforyou.org.au/people/senate/wa/mathias_cormann) (Liberal), which means it succeeded. ### Motion text > *That—* > > *(a) the [Migration Amendment (Repairing Medical Transfers) Bill 2019](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6343) be called on immediately and have precedence over all other business;* > > *(b) if, by 11 am the bill has not been finally considered, the questions on all remaining stages shall be put without debate;* > > *(c) paragraph (b) of this order shall operate as a limitation of debate under standing order 142; and* > > *(d) following conclusion of consideration of the bill, the Senate shall return to the routine of business.* — 2019-12-04, Senate: affirmative, ayes 38, noes 36
- Migration Amendment (Repairing Medical Transfers) Bill 2019 - Second Reading - Let a vote happen — 2019-12-04, Senate: negative, ayes 35, noes 37
- The majority voted against an amendment to the usual [second reading motion](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) "*That [this bill](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6343) be now read a second time.*" Reading a bill for a second time is the same as agreeing with the main idea of the bill. The amendment was introduced by ACT Senator [Katy Gallagher](https://theyvoteforyou.org.au/people/senate/act/katy_gallagher) (Labor). ### Amendment text > *At the end of the motion add:* > > *", and further consideration of the bill be made an order of the day for the first sitting day after the Minister representing the Minister for Home Affairs has laid on the table all documents relating to negotiations between the Government and Senator [Jacqui Lambie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie) in relation to this bill".* ### What is the bill's the main idea? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd034): > *The purpose of the Migration Amendment (Repairing Medical Transfers) Bill 2019 (the Bill) is to amend the Migration Act 1958 to repeal the provisions inserted by Schedule 6 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019. These provisions (commonly referred to as the medical transfer, or medevac, provisions) established a framework for the transfer of transitory persons from regional processing countries to Australia for the purpose of medical treatment or assessment. The Bill also amends the Migration Act to allow for the removal of people brought to Australia under the medical transfer provisions back to a regional processing country once they no longer need to be in Australia.* — 2019-12-04, Senate: negative, ayes 35, noes 37
- Migration Amendment (Repairing Medical Transfers) Bill 2019 - Second Reading - Agree with bill's main idea — 2019-12-04, Senate: affirmative, ayes 37, noes 34
- Migration Amendment (Repairing Medical Transfers) Bill 2019 - In Committee - Savings provisions — 2019-12-04, Senate: negative, ayes 35, noes 37
- Migration Amendment (Repairing Medical Transfers) Bill 2019 - Third Reading - Pass the bill — 2019-12-04, Senate: affirmative, ayes 37, noes 35
Plain-language summary
Written by a model from the Bills Digest; not the record, as at 2019-07-04.
This bill would remove the legal framework for transferring certain people from regional processing countries to Australia for medical assessment and treatment.
It would repeal the medical transfer provisions and abolish the Independent Health Advice Panel, leaving only a discretionary ministerial power to bring people to Australia for temporary purposes.
The Bills Digest notes that legal organisations predict the repeal may increase court proceedings, as at least 52 cases had been filed in the Federal Court by February 2019 seeking to compel medical transfers.
- Repeals the medical transfer provisions in the Migration Act.
- Abolishes the Independent Health Advice Panel.
- Removes the statutory right of review or appeal for refused medical transfer requests.
Transitory persons in regional processing countries and the Independent Health Advice Panel.
Sources
em
digest
billhome
frl act