Talks continue over the balance of power between clinicians and the minister

This article is more than 1 year old

This article is more than 1 year old

Labor has agreed to support the independent MP Kerryn Phelps’ bill for emergency medical transfers from offshore detention, but has demanded changes that would keep a ministerial power to refuse transfers.

Phelps has reiterated that “clinicians rather than bureaucrats” should make medical decisions about transfers but said she was open to “ministerial oversight”.

Phelps and the opposition are in talks on the substance of how to allow ministerial oversight without permitting the home affairs minister to ignore medical decisions, as well as the procedure of how to advance the bill in the final sitting week.

This included discussions between Phelps and the Labor leader in the Senate Penny Wong on Tuesday about the possibility Labor and crossbench parties could amend a non-controversial government migration bill in the Senate to add the Phelps’ bill’s provisions.

That could bring the proposal to the lower house where the government is in minority but has sufficient numbers to prevent a private member’s bill going to a vote.

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The Greens explored such an option early on Tuesday afternoon but the plan broke down due to concerns Labor’s proposed amendments went too far in neutering the purpose of the bill or could practically prevent appeals to the federal court of ministerial decisions. Labor denies its changes would have that effect.

The Phelps bill requires the temporary transfer of all children and their families from offshore detention to Australia for the purpose of medical or psychiatric assessment.

On Tuesday the Labor caucus agreed to support the Phelps’ bill subject to three conditions: the establishment of an independent health advice panel, the minister or his/her delegate must have sign-off on all medical transfers and if a transfer is refused the minister must provide a statement of reasons to parliament.

Labor supports a framework in which the view of the treating clinician is the primary consideration for transfers but the minister is the final decision-maker, so doctors are not directly exercising executive powers.

Phelps told Guardian Australia she had “been speaking to a range of doctors including some who have spent nearly a year treating patients on Nauru”.

“What is clear to me is that we have a medical and humanitarian criss on our hands and something needs to change,” she said.

“I think we need to put medical decisions for asylum seekers into the hands of clinicians rather than bureaucrats. There is a role for ministerial oversight but it needs to be well-defined.”

On Thursday Guardian Australia reported that a group of at least eight men had left Manus Island and were moving to Nauru while they wait for resettlement in a third country.

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There are far fewer people remaining on Nauru after a series of medical transfers to Australia amid a campaign from medical and human rights groups, and moderate members of the government. News Corp reported on 30 November there were 10 refugee children left on the island.

Refugee groups have talked up the prospect of the Phelps’ bill passing the lower house although it would require two Coalition MPs to cross the floor to vote with Labor, the Greens and crossbench.

Two Liberal MPs who have been outspoken on refugee rights – Craig Laundy and Russell Broadbent – have already ruled out doing so.