Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Migration Act 1958, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Oct 2018
Introduced HR 22 Oct 2018

2016-2017-2018

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Migration Amendment (Kids Off Nauru) Bill 2018

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Andrew Wilkie MP

 

 

 

Migration Amendment (Kids Off Nauru) Bill 2018

 

OUTLINE

 

This bill seeks to amend the Migration Act 1958 to require the temporary transfer of children and their families from offshore detention to Australia for the purpose of medical or psychiatric assessment.

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1: Short title

 

1.      This clause is a formal provision and specifies the short title of the Act as the Migration Amendment (Kids off Nauru) Bill 2018.

 

Clause 2: Commencement

 

2.      This clause provides for the commencement of the Act on the day after it receives Royal Assent.

 

Clause 3: Schedules

 

3.      This clause establishes that, as the intent of the bill is to be realised through amendments to another Act, the schedules of this bill will amend that Act accordingly.

 

Schedule 1:  Amendments

 

Migration Act 1958

 

Item 1: At the end of section 198B

 

1.      Item 1 adds subsections (4) through (7) to section 198B of the principal Act, which specifies that an officer (within the meaning of section 5 of the Act) must bring certain transitory persons from outside Australia to Australia for a temporary purpose.

2.      Subsection (4) specifies that a “temporary purpose” may include medical or psychiatric assessment or treatment, and accompanying another transitory person in respect of whom the power in subsection (1) has or will be exercised.

3.      Subsection (5) specifies that an officer must bring a transitory person to Australia for medical or psychiatric assessment or treatment if they know or reasonably suspect the person is a legacy minor (defined in subsection (7)).

4.      Subsection (6) specifies that an officer must bring a transitory person to Australia for the purpose of accompanying a minor who is being brought to Australia or is in Australia for a temporary purpose, if the person is a member of the same family unit as the minor, and that the officer must do so at the same time as or as soon as reasonably practicable after the minor is brought to Australia.

5.      Subsection (7) defines “legacy minor” as a transitory person who, on the day this subsection commences, was in a regional processing country, had not previously been the subject of the exercise of a power under subsection (5), and was under 18.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Migration Amendment (Kids Off Nauru) Bill 2018

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the bill

 

This bill seeks to amend the Migration Act 1958 to require the temporary transfer of children and their families from offshore detention to Australia for the purpose of medical or psychiatric assessment.

 

Human rights implications

 

This bill strengthens human rights and is necessary to ensure that Australia is compliant with international law. It engages positively with the Convention Relating to the Status of Refugees, the Universal Declaration of Human Rights (including, but not limited to Article 5 – freedom from cruel, inhuman or degrading treatment or punishment and Article 14 – the right to seek asylum), and the United Nations Convention on the Rights of the Child (including, but not limited to Article 9 – stating that children should not be separated from their parents unless it is in their interests).

 

Conclusion

 

This bill is compatible with human rights because it strengthens human rights.

 

 

 

 

Andrew Wilkie MP