Loading "Australia is now unable to comply with its own laws," he said. "This could form the basis of a fresh constitutional challenge to offshore processing." The new Nauruan laws - seen by The Sydney Morning Herald and The Age and dated February 15 - stipulate that overseas medical transfers will not be approved "on the recommendation of an overseas health practitioner by telemedicine examination or diagnosis". This would apply "in the case of any referral", the law states. The laws apply to any "resident of the Republic requiring health and medical assessment or treatment". The change appears to jeopardise the possibility for a specialist in Australia to successfully recommend a medical transfer after consulting the patient over Skype, for example. Furthermore, the laws state that any request for an overseas transfer must be accompanied by "a declaration by a health practitioner that he or she is professionally satisfied that the treatment of the condition of the patient for which referral is sought is not available in the Republic [of Nauru], and the reasons for the unavailability of the assessment or treatment of the patient in the Republic".

On Tuesday morning, Prime Minister Scott Morrison said it was not immediately clear how the new Nauruan regime would affect the fate of refugees and asylum seekers sent to the island by Australia. "It's not quite clear what they've done and how that will play out," he told 3AW radio. "I think what's happened in Nauru is a good example of what happens and how Labor didn't think through what playing around with border protection laws will do." Mr Morrison said the government would assess Nauru's changes but "it's their country". The Sydney Morning Herald and The Age have requested clarification from Immigration Minister David Coleman and the Department of Home Affairs. Nick Martin, an Australian doctor with experience on Nauru, last week predicted Nauru's overseas medical transfers committee would be a "big stumbling block" for refugees and asylum seekers who hoped to take advantage of Australia's new laws.

"Will there be an immediate flood? Absolutely not,” Dr Martin said. "The OMR will be a big stumbling block and it hasn’t been addressed in the media coverage." Mr Newhouse said he was exploring options for a complaint to the United Nations. "Both Australia and Nauru are likely to be in breach of international laws that prevent torture and guarantee the right to health," he said. Home Affairs secretary Michael Pezzullo confirmed on Monday that the government intended to transfer any sick refugees and asylum seekers to Australia's remote Christmas Island unless they required specialised treatment only available on the mainland. "That is the policy of the government," Mr Pezzullo told a late night Senate estimates hearing. On Tuesday, Labor leader Bill Shorten said as long as the treatment was delivered and made people better, it did not matter if it took place on the remote island. "That's fine," he said. "The issue here is the safe treatment of people within the context of stronger borders."