Transfer to Australia for Medical Treatment

Transfer to Australia for Medical Treatment

The Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 (The new act) received the Royal Assent on the 1st of March 2019.

The New Act contains schedules 1 to 6. This article discusses Schedule 6 only, which commences on the 2nd of March 2019.

Schedule 6 adds ss 198C, 198D, 198E, 198F, 198G, 198H, 198J, 199A, 199C, 199D and 199E to the Migration Act 1958 (Cth).

In summary, those new provisions deal with the transfer of ‘relevant transitory’ persons, ‘legacy minors’ and family members for medical treatment in Australia.

Under s 198F, if the Minister refuses to approve the transfer of a relevant transitory person, the newly established Independent Health Advice Panel might turn over that decision, unless:

(A) the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979, including because an adverse security assessment in respect of the person is in force under that act; or

(B) the Minister knows that the person has a substantial criminal record ( as defined by subsection 501(7) as in force at the commencement of this section) and the minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.

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