Medivac could divert ASIO resources

Senior ministers are worried that a medivac flaw could lead to ASIO resources being diverted to assess asylum seekers quickly.

Immigration Minister David Coleman. Picture: Kym Smith

Senior cabinet ministers are concerne­d ASIO will be forced to divert key resources to determine — within a new 72-hour time limit — whether refugees and asylum-seekers held on Nauru and Manus Island pose a security risk or have a substantial criminal record.

A series of government ministers used an extended question time yesterday to identify problems with the medivac bill, with Scott Morrison arguing that a ­proposed “independent health advice­ panel” — to be staffed by volunteers — could overrule a ministerial decision to halt a ­medical transfer to Australia “even if the panel has not yet been formed”.

Immigration Minister David Coleman said that a “backpacker from Norway” on a tourist visa would be required to meet stricter character tests in order to enter Australia than a refugee or ­asylum-seeker on Manus Island.

The Australian has been informe­d that — under a flaw in the medivac bill — the government would not be able to prevent individuals convicted of crimes in their country of origin as serious as murder or rape from being transferred to Australia for medical treatment if they were not sentence­d to at least 12 months’ imprisonment.

The medivac legislation passed this week by Labor, Greens and independen­t MPs, despite government opposition, will hand an “independ­ent health advice panel” the power to overrule the minister — on medical grounds — to insist on a transfer.

It can only be trumped if the transferee represents a threat under the ASIO Act or has a “substantia­l criminal record” where they were sentenced to 12 months’ imprisonment.

The national security committee of cabinet met on Wednesday evening and discussed advice from the Department of Home Affairs arguing that if the independent health advice panel was unable to be formed the government must assume an automatic recommendation in favour of a medical ­transfer.

The Prime Minister attacked Labor for supporting the bill, warning that the power vested in the new independent panel drama­tically weakened the government’s ability to reject medical transfers on character grounds.

“The Leader of the Opposition sought to absolve himself of responsib­ility with absurd amendments to a bill which says that now this panel of doctors has to be a panel of volunteer doctors,” Mr Morrison said. “What’s next? The national security committee is going to be made up by a panel of voluntary dentists?”

Bill Shorten said yesterday the mood of Australians had changed since 2001, when John Howard turned back the Tampa and the World Trade Centre was ­destroyed.

“I do not believe that Aust­ralians want a government which governs by slogans and fear,” the Opposition Leader said. He said attacks on the medivac bill could be responsible for “luring people to Australia” by implying Australia lacked “strong borders”.

But Mr Coleman told parliament the medivac bill would “apply a lower standard for people who transfer to Australia from Manus Island and Nauru than for every other person who comes to Australia under a visa”, including a “backpacker from Norway”.