Asylum Seekers Can Now Access Medical Treatment in Australia: An Explanation

A lot happened in Parliament today regarding asylum seekers and medical treatment.

In a pretty dramatic turn of events, the government has lost a vote on its own legislation for the first time since 1941.

It all started with an Opposition-sponsored bill to allow asylum seekers on Manus Island and Nauru access to medical treatment in Australia.

The government argues that this is disastrous and will increase the amount of people-smuggling boats trying to enter Australia.

Our border protection framework works. We stopped the boats, stopped the deaths at sea, closed the detention centres, removed all children from detention and from Nauru. Tonight Labor have demonstrated again they just don’t understand how to protect Australia’s borders.

— Scott Morrison (@ScottMorrisonMP) February 12, 2019

Regardless, a sitting government is now in despair and a former offshore detention centre is set to be re-opened.

So, how did we get to this point and what's going to change?

First off, what's the bill again?

The bill, introduced by new Wentworth MP Professor Kerryn Phelps and titled the Urgent Medical Treatment Bill, allows asylum seekers on Manus Island and Nauru to access urgent medical or psychiatric assessment in Australia, provided they are assessed by two doctors. It is an amendment of a government bill that failed to pass the House of Representatives in 2018.

They are allowed to be assessed remotely (for instance, over Skype) by a medical professional "registered or licensed to provide medical or psychiatric services in a regional processing country or Australia."

If recommended, they are also allowed to bring their family on the trip.

But the bill also gives the Minister for Home Affairs, Peter Dutton, the power to refuse the transfer if the ill asylum seeker is a security threat or has a significant criminal record.

This policy isn't actually anything new as asylum seekers are already entitled to medical and psychiatric treatment, but the bill ensures that the treatment can happen in Australia, rather than Taiwan or other countries.

So, how did the government lose?

The Coalition Government (Liberal and Nationals) is already in a tough situation, given that their slim majority was skimmed of another crucial vote when former PM Malcolm Turnbull decided to vacate his Wentworth seat. That seat was replaced by independent MP Professor Kerryn Phelps, bringing the Coalition's majority in the House of Representatives to 73 seats out of a possible 150 (the speaker holds the government's 74th seat but abstains from voting unless there's a tie).

In the end, the Government lost the vote 74 to the Opposition's 76. 

Once the bill had passed the House of Representatives (lower house), it had one more hurdle: the Senate (upper house).

This morning, with the backing of Senator Derryn Hinch, the bill also passed the Senate with 36 votes in the affirmative to 34.

However, in what is seen by many as a reactionary move, PM Scott Morrison has since announced that he will re-open Christmas Island in anticipation of more asylum seekers attempting to enter the country through people smugglers.

Wait, Christmas Island?

Christmas Island is an Australian territory closer to Indonesia than the mainland. A temporary detention centre was first opened on the island in 2001 and a larger structure was later completed in 2008 to hold more asylum seekers. It was quietly closed in 2018 but is now re-opening courtesy of PM Scott Morrison.

Today I convened a meeting of the National Security Committee. I have adopted the advice of our security and border protection officials to reopen the Christmas Island detention centre. We're taking this action to clean up the mess Bill Shorten & Labor made yesterday, once again. pic.twitter.com/KhvqrzaTf3

— Scott Morrison (@ScottMorrisonMP) February 13, 2019

Prime Minister Morrison also mentioned that the re-opened detention centre will take in any medical "transfers" but it's not yet clear if this will be prioritised over assessment in mainland Australia. Christmas Island's local council chief executive David Price told ABC Radio Perth that the island is not ready to take on transfers with complex medical needs.

"Some of these people would have serious mental problems that need to be dealt with by specialists. We haven't got the specialists here to do that," he explained.

"We just wouldn't have the capacity to deal with people coming here for medical reasons, both physically and mentally."

What will happen with asylum seekers now?

Essentially, this gives a more clear structure to medical treatment for asylum seekers, favouring the assessment of medical professionals over politicians. Ideally, it will limit the politicking and delays that often occurs when there are calls for proper medical treatment for at-risk asylum seekers. In the past, there has been criticism over how long it takes to transfer ill asylum seekers to receive appropriate treatment in order to avoid further deaths.

As we head into the election period, we'll see more news develop in this space and we can only hope that it's for the betterment of those still stuck on the islands years after they've arrived.

Header Image: iStock.com/zudin