Migration Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 451 1

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Migration Regulations 2(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 22 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

GERRY HAND

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.   Regulation 182c (Detention centres—medical treatment)

2.1   Omit the regulation, substitute:

Medical treatment of persons in custody under the Act

 “182c. (1)   In this regulation:

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

‘medical treatment’ includes:

• (a)

  the administration of nourishment and fluids; and

• (b)

  treatment (including surgery) in a hospital.

“(2)

The Secretary may authorise medical treatment to be given to a detainee if:

• (a)

  the Secretary, acting in person and on the written advice of:

  • (i)

    a Commonwealth Medical Officer; or

  • (ii)

    another registered medical practitioner;

 forms the opinion that:

• (iii)

  that detainee needs medical treatment; and

• (iv)

  if medical treatment is not given to that detainee, there will be a serious risk to his or her life or health; and

• (b)

  that detainee fails to give, refuses to give, or is not reasonably capable of giving, consent to the medical treatment.

“(3)

An authorisation by the Secretary under subregulation (2) is authority for the use of reasonable force (including the reasonable use of restraint and sedatives) for the purpose of giving medical treatment to a detainee.

“(4)

A detainee to whom medical treatment is given under an authorisation under subregulation (2) is taken for all purposes to have consented to the treatment.

“(5)

Medical treatment that is given under an authorisation under subregulation (2) must be given by, or in the presence of, a registered medical practitioner.

“(6)

Nothing in this regulation authorises the Secretary to require a registered medical practitioner to act in a way contrary to that medical practitioner’s ethical, moral or religious convictions.”.

3.   Regulation 182d (Consent by Secretary to medical treatment of persons in custody)

3.1   Omit the regulation.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 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, 291, 311, 315 ,346, 392 and 433.