Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Migration Act 1958, and for related purposes
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Registered 13 Sep 2012
Introduced Senate 11 Sep 2012
Table of contents.

 

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Migration Amendment (Health Care for Asylum Seekers) Bill 2012

 

No.      , 2012

 

(Senators Hanson‑Young and Di Natale)

 

 

 

A Bill for an Act to amend the Migration Act 1958, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendment of the Migration Act 1958                                      3

 


A Bill for an Act to amend the Migration Act 1958, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Amendment (Health Care for Asylum Seekers) Act 2012.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Migration Act 1958

  

1  After section 198AB

Insert:

198ABA  Health advisory panel

             (1)  The Minister must:

                     (a)  at the same time as the first designation under section 198AB is made; or

                     (b)  if the first designation is made before this section commences—within 30 days after this section commences;

establish a panel to monitor, assess and report on the health of offshore entry persons who are taken to regional processing countries.

Membership of panel

             (2)  Each member of the panel:

                     (a)  is to be appointed by the Minister by written instrument; and

                     (b)  holds office on such terms and conditions as are determined in the instrument.

             (3)  The Minister must not appoint a person as a member of the panel unless the Minister is satisfied that the person:

                     (a)  has expertise in one or more of the following:

                              (i)  the medical profession;

                             (ii)  the psychology profession;

                            (iii)  the dental profession;

                            (iv)  public health;

                             (v)  child health; and

                     (b)  has been nominated by one or more of the following bodies:

                              (i)  the Australian Medical Association;

                             (ii)  the Royal Australian College of General Practitioners;

                            (iii)  the Royal Australian and New Zealand College of Psychiatrists;

                            (iv)  the Royal Australasian College of Physicians;

                             (v)  the Australian Psychological Society;

                            (vi)  a professional body prescribed by the regulations.

Performance of panel’s functions

             (4)  Subject to this section, the panel is to carry out its functions in such manner as the panel determines.

             (5)  In performing its monitoring and assessment functions, the panel may:

                     (a)  assign different members of the panel to monitor and assess the health of offshore entry persons in different regional processing countries; and

                     (b)  travel to regional processing countries to conduct monitoring and assessment activities; and

                     (c)  assess the health of an offshore entry person when he or she first arrives in a regional processing country; and

                     (d)  monitor an offshore entry person’s health on an ongoing basis for as long as the offshore entry person remains in the regional processing country.

             (6)  In performing its reporting function, the panel:

                     (a)  must:

                              (i)  at least once every 6 months after the establishment of the panel, prepare a written report on the health of offshore entry persons who have been taken to regional processing countries; and

                             (ii)  as soon as practicable after a report is prepared, cause a copy of it to be given to the President of the Senate and the Speaker of the House of Representatives, for presentation to the Senate and the House of Representatives; and

                     (b)  may, at any time the panel considers appropriate, make recommendations to the Minister in respect of the health of offshore entry persons who have been taken to regional processing countries.

             (7)  A report mentioned in paragraph (6)(a) must not include any information that may identify an offshore entry person.

Power to obtain information and documents

             (8)  If the panel has reason to believe that:

                     (a)  a Department of the Commonwealth or a prescribed authority (a relevant agency); or

                     (b)  a person who is engaged as a consultant or independent contractor by a relevant agency;

is capable of giving information or producing documents or other records relevant to the panel’s performance of its functions, the panel may, by notice in writing given to the head of the agency, require the head of the agency or a person nominated by the head of the agency, to give the information or produce the document or other record to the panel at such place and within such period, or on such date and at such time, as are specified in the notice.

2  Subsection 499(1)

After “this Act”, insert “(other than a panel established under section 198ABA)”.