Migration Regulations (Amendment) 1992 No. 451
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 451
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
Migration Act 1958
Migration Regulations (Amendment)
Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition section 113 provides that regulations may make provision in relation to the operation and regulation of detention centres.
The purpose of the Regulations is to delete regulations 182C and 182D of the Migration Regulations and to substitute a new regulation 182C. This regulation provides that when a person is in custody under the Act at a detention centre, the Secretary of the Department of Immigration, Local Government and Ethnic Affairs can authorise medical treatment to be given to the person and the use of reasonable force for the purpose of giving medical treatment. This can only occur when a doctor advises in writing that medical treatment must be given or there will be a serious risk to that person's life or health and when the person fails to give, refuses to give or is not capable of giving consent to the medical treatment. Subregulation 182C(6) makes it clear that a doctor will not be expected to act contrary to his or her ethical, moral or religious convictions.