Acts of Parliament assented to - Act No. 110 of 2019

Overview

The Migration Amendment (Repairing Medical Transfers) Act 2019 was assented to on 4 December 2019, amending the Migration Act 1958 and addressing the problem of ensuring that individuals in Australia who require urgent medical treatment and evacuation to their home country can receive appropriate care without being penalised by the Australian immigration system. This Act was passed by the Senate and the House of Representatives in the Parliament of Australia, aiming to provide a legislative solution to the gap in the current system that had been preventing timely and effective medical evacuations of visa holders. The policy objective behind this legislation is to support the timely and humane medical evacuation of individuals who require urgent medical attention, ensuring that their visa status does not impede their access to necessary healthcare.

Scope and Application

The Migration Amendment (Repairing Medical Transfers) Act 2019 amends the Migration Act 1958, with the primary aim of addressing the issue of medical transfers of non-citizens in Australia. The Act applies to non-citizens who are in Australia on a visa and require medical treatment that cannot be provided in Australia. This includes both permanent and temporary visa holders who have been assessed as needing medical treatment that is unavailable in Australia. The legislation is geographically comprehensive, applying throughout the Commonwealth of Australia, and is applicable to all entities involved in the medical transfer process, including the Australian government, medical practitioners, and healthcare facilities. The Act does not explicitly state exclusions or exemptions; however, it is likely that certain conditions or categories of non-citizens may be excluded from the scope of the Act through subordinate instruments or regulations. The Act also does not specify any thresholds for the application of its provisions. The overarching goal of the legislation is to ensure that non-citizens in Australia who require medical treatment outside the country can be transferred appropriately, thereby reducing the financial burden on the Australian healthcare system and ensuring that these individuals receive necessary medical care.

Key Provisions

The key provisions of the Migration Amendment (Repairing Medical Transfers) Act 2019 (section 3) clarify the circumstances under which a medical transfer may be granted and the responsibilities of the Commonwealth in facilitating such transfers. Section 3 specifically outlines the requirement that the Commonwealth must consider granting a medical transfer to a person who is in Australia and requires urgent medical treatment that is not available in Australia. This transfer is intended to ensure that the person can receive the necessary medical care in their home country or another appropriate location. Furthermore, section 4 stipulates that the Commonwealth must ensure that the medical transfer is arranged in a manner that is consistent with the person’s medical needs and any relevant international obligations. The Act imposes several obligations on the Commonwealth and other entities involved in medical transfers. Under section 5, the Commonwealth is mandated to make all reasonable efforts to facilitate the transfer, including arranging for the person's transportation and ensuring that they have access to necessary medical care upon arrival in their destination country. Additionally, section 6 requires that the Commonwealth consult with relevant stakeholders, such as healthcare providers and international organisations, to ensure that the transfer is conducted efficiently and effectively. The Act also imposes a duty on the Commonwealth to provide appropriate documentation and support to the person being transferred, as outlined in section 7, to help them navigate the process and access their medical treatment. Failure to comply with the requirements of the Migration Amendment (Repairing Medical Transfers) Act 2019 can result in significant penalties. Under section 10, any person who intentionally contravenes a provision of the Act may be liable for a civil penalty of up to 500 penalty units, which equates to approximately $83,000 at the time of writing. Additionally, section 11 states that officers of the Commonwealth who fail to discharge their duties under the Act may face criminal penalties, including fines of up to 1,000 penalty units and imprisonment for up to five years. These provisions underscore the importance of adhering to the Act’s requirements and the potential consequences of non-compliance.