Senate debates

Monday, 2 December 2019

Bills

Migration Amendment (Repairing Medical Transfers) Bill 2019; Second Reading

9:22 pm

Photo of Nita GreenNita Green (Queensland, Australian Labor Party) Share this | Hansard source

I know, because I have visited those hospital facilities in PNG, that, sadly, there is not adequate treatment for life-threatening concerns. I know because Queensland Health treats a number of people in Cairns and the Torres Strait in hospitals for people who have been medevacked from PNG to hospitals in Cairns and the Torres Strait. The government knows that that is the case and that those health facilities are not adequate, because the government provides funding to Queensland Health to provide those health services.

It does seem strange to me that the government would be, on the one hand, telling people that there are health services in PNG for asylum seekers to access but, on the other hand, providing funding because they know that there are many people from the PNG community who come to Far North Queensland to receive health care. I am greatly concerned about the impact that this has had on our relationship with PNG in creating tension with our closest neighbour. Papua New Guinea does not have the resources or expertise to care for asylum seekers with complex health issues. That is why we have been supportive of these medevac laws, because, at the end of the day, no matter where that person is fromwe want to make sure that they get the appropriate health care that they need.

This government is misleading the public about the security risks posed to Australians by the current medevac laws. Right now Minister Dutton has the power to block someone coming to Australia if they pose a security risk. The minister has the power to deny entry to a patient who has a substantial criminal record if they pose a risk to the Australian community. The minister has the power to deny entry to patients if they have an adverse security assessment or if ASIO advises the minister that there would be an unmitigated threat to security. Those security risks are already built into the legislation. And we know the laws are working, because the minister exercised those powers on 11 October this year to deny the transfer of one detainee.

Let's also be clear about the character of the men and women that this legislation applies to. The Minister for Home Affairs wants the public to be afraid of these people. He wants the public to assume that they are all of bad character, not worthy of compassion or adequate health care. But this is not true. Former Prime Minister Malcolm Turnbull defended the character of these men and women in his first phone call with the newly elected US President, Donald Trump. A leaked transcript of the call shows that he said:

We know exactly who they are. They have been on Nauru or Manus for over three years and the only reason we cannot let them into Australia is because of our commitment to not allow people to come by boat. Otherwise we would have let them in. If they had arrived by airplane and with a tourist visa then they would be here.

I only mention that because it does cut through this government's argument that these laws need to be changed to stop people of bad character coming to our country. This is why we know that Minister Dutton does not have real concerns about the national security risks posed by the medevac legislation.

Instead, this government wants to continue to incite fear in the wider community for its own political gain. When these laws were passed, the government was claiming it would result in a new surge of boat arrivals. That has not happened. There is clear evidence that the combination of turn-backs and offshore processing has stemmed the flow of boats. Minister Dutton has consistently mischaracterised the truth for political gain, and there is no difference. We have not seen the 1,000 people come into Australia for medical care that he claimed we would. As at 17 October, only 132 people had been transferred to Australia under medevac. There has also been no impact on Australians accessing health care, as the minister claimed. It is clearly false to suggest that these laws force the government to bring people of bad character to Australia. Instead, this government wants to revert to a flawed medical transfer system that was failing to provide adequate and timely medical care to refugees and asylum seekers in regional processing countries. The average wait time for sick refugees under the previous system was two years, with some refugees waiting up to five years. That's just not good enough for the people that we have responsibility to assist.

The medevac laws, as they stand, maintain rigorous border surveillance and security whilst fulfilling Australia's obligation to provide full and appropriate medical care for people detained in Australian funded facilities. What is important to remember is, in the nine months since the medevac legislation was passed, 200 people have been approved for medevac transfers. Of those approvals, the minister has approved 172 of those transfers without seeking a review from the government-appointed independent health panel. The government-appointed independent health panel has refused transfers in 45 cases, which is more than it has approved, demonstrating its independence. The Minister for Home Affairs has exercised his refusal powers under the medevac legislation to refuse at least one transfer on security grounds.

I might say, the reopened Christmas Island detention centre, which the Prime Minister said would cost $1.4 billion to reopen, which did cost $185 million of taxpayer money so that the Prime Minister could go there for a photoshoot and then come back, is currently only housing one family—one family from regional Queensland. That family from Biloela in regional Queensland has been the subject of a number of news articles and a lot of attention. They're not subject to this legislation, but I do want to mention them because I often feel that this government mischaracterises the views of Australians, particularly those living in regional Queensland, on strong border protection. Australians do believe in strong border protection, but they also see that there are times when this government needs to exercise humanity. The medevac laws are one. The treatment of the family relocated from Biloela in Queensland to the Christmas Island detention centre is another.

That community in regional Queensland wanted to make sure that that family knew that they were wanted, that they were loved and that they were part of the community. That community in regional Queensland demonstrated everything that is lacking in this government and everything that this government should be doing. They should be considering this issue on its merits, they should be considering the policy and the effects of these laws and they should be looking at the evidence, but they're not doing any of that. They are desperately trying to undo what was a blow to them before the last election. I think it is time that we start listening to people like doctors, lawyers, advocates, human rights lawyers, human rights groups, the United Nations and the people from regional Queensland who want to say to this government that there is a clear difference between making sure that we have strong borders and doing the right thing when it comes to refugees—making sure that people who are sick are cared for and making sure that happens in a timely way.

I would urge the crossbench, who will decide the fate of this legislation, to consider who they are teaming up with: this government, cruel and inhumane, and unable to see beyond their own political fascination with demonising a group of people who've done nothing but ask for our help.

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