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 03 Dec 2018
Introduced HR 03 Dec 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Migration Amendment (Urgent Medical Treatment) Bill 2018

 

No.      , 2018

 

(Dr Phelps, Mr Wilkie, Mr Bandt, Ms Banks and Ms Sharkie)

 

 

 

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

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

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 is the Migration Amendment (Urgent Medical Treatment) Act 2018.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation 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 1Amendments

  

Migration Act 1958

1  Paragraph 42(2A)(ca)

Omit “section 198B”, substitute “section 198B or 198C”.

2  At the end of section 198B

Add:

             (4)  Without limiting the generality of subsection (1), a temporary purpose may include:

                     (a)  medical or psychiatric assessment or treatment; or

                     (b)  accompanying a person who has or will be brought to Australia in accordance with subsection (1) or section 198C, if that person is a member of the same family unit or if recommended by a medical practitioner.

3  After section 198B

Insert:

198C  Transfer of legacy minors, relevant transitory persons and family members for medical treatment

Transfer of legacy minors

             (1)  If an officer knows or reasonably suspects that a transitory person is a legacy minor, the officer must, as soon as practicable, bring the person to Australia for the temporary purpose of medical or psychiatric assessment or treatment.

Transfer of relevant transitory persons

             (2)  If the Secretary is notified that a transitory person in a regional processing country has been assessed as a relevant transitory person by 2 or more treating doctors, the Secretary must cause an officer to, as soon as practicable, bring the person to Australia for the temporary purpose of medical or psychiatric assessment or treatment.

Transfer of family unit etc.

             (3)  If an officer knows or reasonably suspects that a transitory person in a regional processing country is a member of the same family unit as another transitory person (the relevant transferee) who is being brought to or is in Australia for a temporary purpose, the officer must, for the temporary purpose referred to in paragraph 198B(4)(b), bring the transitory person to Australia at the same time as, or as soon as practicable after, the relevant transferee.

             (4)  If an officer knows or reasonably suspects that a transitory person in a regional processing country has been recommended by a treating doctor to accompany another transitory person (the relevant transferee) who is being brought to or is in Australia for a temporary purpose, the officer must, for the temporary purpose referred to in paragraph 198B(4)(b), bring the transitory person to Australia at the same time as, or as soon as practicable after, the relevant transferee.

             (5)  If an officer knows or reasonably suspects that a transitory person in a regional processing country is a member of the same family unit as a minor who is in Australia, the officer must, for a temporary purpose, bring the transitory person to Australia.

Miscellaneous

             (6)  Nothing in this section shall affect the operation of section 198B.

             (7)  An officer must not bring a person to Australia from a regional processing country in accordance with subsection (1), (3), (4) or (5) while the person does not consent to being brought to Australia.

             (8)  In this section:

legacy minor means any transitory person who, on the day this subsection commences:

                     (a)  was in a regional processing country; and

                     (b)  had not previously been the subject of the exercise of a power under subsection (1); and

                     (c)  was under 18.

relevant transitory person means any transitory person in a regional processing country:

                     (a)  who is assessed by a treating doctor as requiring medical or psychiatric assessment or treatment; and

                     (b)  who is not receiving appropriate medical or psychiatric assessment or treatment in the regional processing country.

treating doctor means:

                     (a)  a medical practitioner who is registered or licensed to provide medical or psychiatric services in a regional processing country or Australia; and

                     (b)  has assessed the transitory person either remotely or in person.