Migration Regulations (Amendment) (Cth)

Statutory Rules 1992 No. 3111

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Migration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 30 September 1992.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

MICHAEL TATE

Minister of State for Justice for and on behalf of the

Minister of State for Immigration, Local Government and Ethnic Affairs

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1. Amendment

1.1 The Migration Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.New regulation 182c

2.1 After regulation 182b, insert:

Detention centres—medical treatment

“182c. (1) For the purposes of subsection 113 (2) of the Act, the Secretary may cause medical treatment to be given to a detainee without the detainee’s consent.

“(2) The power conferred by subregulation (1) may be exercised only if:

(a) the detainee:

(i) has refused or failed to consent to the medical treatment; or

(ii) is not reasonably capable of giving consent to the medical treatment; and

(b) 2 legally qualified medical practitioner has stated in writing that there is a serious risk to the life or health of the detainee and that the medical treatment is reasonably necessary to safeguard the life or health of the detainee.

“(3) The Secretary and persons acting at the direction of the Secretary may use reasonable force for the purpose of giving medical treatment, or enabling medical treatment to be given, in accordance with this regulation.

“(4) In this regulation:

‘detainee’ means a person held at a detention centre in custody under the Act;

‘medical treatment’ includes the administration of nourishment and fluids;

‘reasonable force’ includes the reasonable use of restraint and sedatives.

Consent by Secretary to medical treatment of persons in custody

“182d. (1) The Secretary may consent to the giving of medical treatment to a person in custody under the Act if:

(a) the person is not reasonably capable of giving consent to the medical treatment; and

(b) a legally qualified medical practitioner has stated in writing that there is a serious risk to the life or health of the person and that the medical treatment is reasonably necessary to safeguard the life or health of the person.

“(2) In this regulation:

‘medical treatment’ includes:

(a) the administration of nourishment and fluids; and

(b) treatment at a hospital.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 September 1992.

2. Statutory Rules 1989 No. 365 as amended by 1989 Nos. 414 and 416; 1990 Nos. 1, 34, 69, 75, 109, 204, 237, 237, 242, 251, 261, 272, 279, 320, 339, 371, 402 and 452; 1991 Nos. 2, 8, 18, 25, 43, 60, 88, 201, 226, 229, 230, 243, 285, 295, 342, 349, 418, 481 and 484; 1992 Nos. 22, 51, 96, 112, 125, 183, 231, 278 and 291.