Lawyer’s warning on limited scope of medivac bill

Refugee lawyer David Manne says the limited scope of the medivac bill will not stop future arrivals from taking legal action.

Human rights lawyer David Manne.

Refugee lawyer David Manne has warned that the limited scope of the Labor-backed medivac bill, which captures only refugees and asylum-seekers held on PNG and Nauru, will not stop future arrivals from taking legal action.

Mr Manne has led numerous successful High Court challenges against aspects of the offshore processing regime, including the case against Julia Gillard’s “Malaysia solution” under which Australia promised to give the nation 800 asylum-seekers in return for ­accepting 4000 genuine refugees.

Speaking to The Australian yesterday, Mr Manne, executive director of Refugee Legal, noted the medivac bill did “not in any way, alter the duty of care to ensure that people’s health needs are met”.

“The new laws are about a mechanism to meet that duty of care. What they’re not is about creating a duty of care itself. The duty of care remains. It existed before and continues to exist,” he said.

“In other words, if people who arrive in the future to whom the legislation does not apply, if these people arrive in the future, the duty of care will still apply to them to ensure they receive the medical treatment they need.

“And that includes their ability, if necessary, to take legal action to ensure they are able to receive the medical care they need.”

Bill Shorten and Labor MPs have repeatedly said the medivac bill, passed without government support, will not recommence the people-smuggling trade because it does not extend to future arrivals.

Speaking on the Ten Network’s program The Project on Monday, the Opposition Leader said: “Any new boat arrivals won’t be covered by this medivac legislation. So when the government misleads people and says whatever it wants to say for political purposes, that’s not right.”

Coalition MPs attacked Labor’s argument, saying a Shorten government would come under irresistible pressure to make another special deal to fast-track medical transfers if more boats arrived.

Labor immigration spokesman Shayne Neumann has denied there is a major difference in the border protection policies of the major parties.

“There is no difference between Labor and Liberal when it comes to our border protection regime,” Mr Neumann said.

“Labor supports offshore processing, turn-backs when safe to do so, and regional resettlement. There will be no changes to this.

“A Shorten Labor government will deploy the full force of the ring of steel of the Australian defence forces and our border forces.’’