Peter Dutton sounds identity warning on Labor’s medical transfer bill

Peter Dutton says Labor’s bill could lead to unidentified asylum seekers arriving as he takes the fight to Bill Shorten on borders.

Home Affairs Minister Peter Dutton. Picture: Kym Smith

Home Affairs Minister Peter Dutton has warned any asylum-seekers who attempt to come to Australia by boat under Labor’s medical transfer bill could come here on medical grounds without their identity being known, as he ramps up a fight with Bill Shorten over border protection.

After announcing the new commander of Operation Sovereign Borders Major General Craig Furini, Mr Dutton attempted to pull apart the Labor bill designed to fast-track refugee medical transfers on the advice of doctors.

Mr Dutton said it took the government and relevant authorities “many months” to establish the identity of an individual sent to Nauru or Manus Island and claimed that, under the Labor legislation, the two doctors assessing refugees could sign off on their transfer “without us even knowing the identity”.

“Labor’s bill applies not only to Manus and Nauru now but if 10,000 people arrived in the first six months of a Labor government, those people are potentially all coming to Australia. That absolutely obliterates Operation Sovereign Borders,” he said.

“If you wipe out temporary protection visas, which Labor has already announced, and you wipe out offshore processing, which effectively is what they do through this bill, it might be well intentioned but that’s the argument, you only are left with turning back boats when it’s safe to do so.

“It’s not just about kids because we’re down now to 10 kids, four of whom are on their way to the United States soon I hope. If you’ve got a father who’s facing criminal charges or a family that refuses to move even if there are no medical circumstances with one of the remaining six for example, they’re very hard cases to manage.”

Bill Shorten refused to say if his legislation would apply only to the current cohort of refugees on Manus Island and Nauru or to any people sent there in the future but claimed the “desperate” government was attacking Labor policy because people no longer trusted them.

“We have an issue around the current cohort. Again, what we’re proposing with the medical transfer bill I don’t think is a great departure from what already happens,” the Opposition Leader said.

“What it is doing is putting down on paper what has been happening in a de facto manner already. I do think that if a treating doctor says a very sick person needs to come to Australia, someone who’s in Australia’s care, whilst the minister has got the discretion we need to make sure we’re using the power of government in a transparent and fair manner.”

Under legislation that passed the Senate last week with Labor support, two doctors could determine whether an individual should be taken from Manus Island and Nauru to Australia for assessment.

Opposition Leader Bill Shorten and Deputy Opposition Leader Tanya Plibersek. Picture: AAP

Opposition immigration spokesman Shayne Neumann has acknowledged that if the minister overruled the two doctors, the panel could still insist on the medical transfer following a clinical assessment. In this instance, the minister would be allowed to block the transfer only on national security grounds as defined by the ASIO Act, which protects Australia’s “territorial and border integrity from serious threats”.

The government says this is a narrow definition and would give the minister no power to cancel the medical evacuation of individuals who have committed serious crimes such as sexual assault.

Mr Dutton said if the Labor legislation was changed so the minister was given complete discretion it would become the status quo.

“That’s the situation now. We’ve had over 810 people who have come to Australia predominantly from Nauru but including from Manus for medical assistance. I’ve authorised people to go to Taiwan to the international hospital there, people have gone to the international hospital in Port Moresby,” he said.

“If it’s elevated to the point where they need to come to Australia then we bring them, that’s exactly what happens now.”

The three most senior Labor Left MPs — Tanya Plibersek, Anthony Albanese and Penny Wong — have endorsed their party’s border protection policies ahead of next week’s ALP national conference but have not personally supported boat turnbacks or offshore detention.

Mr Shorten is staring down any attempts to block boat turnbacks or overhaul offshore processing, as ginger group Labor for Refugees considers what motions to put to the floor of the conference.

“We will turn back boats where it is safe to do so. We are committed to offshore processing. We are committed to regional resettlement,” Mr Shorten said.

“But what I can’t do is say if someone is dying on Nauru refuse them treatment in Australia in a supervised fashion where the minister deems after seeing the evidence that it’s appropriate to do so. A bit of common sense has got to emerge here, doesn’t it?”