Morrison Government continues trying to prevent sick people accessing Medevac process

The Full Bench of the Federal Court will today hear the Morrison Government’s appeal from a Federal Court ruling that requires the Government to consider applications under the Medevac laws where doctors provide reports based on detailed medical records.

The June 2019 case involved a critically ill man on Nauru. To assess the man’s health, two independent doctors reviewed all available medical records including those from the Australian Government's doctors on Nauru. They were prevented from speaking to the patient directly because of laws introduced by the Nauruan Government. Despite receiving detailed medical reports from the expert medical practitioners, the Home Affairs Secretary refused to accept the application and pass it on to the Minister as required under the Medevac laws.

The Court ordered the Secretary to accept the application and notify the Minister.

The Court’s judgment did not change the Medevac laws. It simply confirmed that people on Nauru – who are blocked by the Nauruan Government from speaking to a doctor registered outside of Nauru – can apply for the Medevac process.

David Burke, Legal Director with the Human Rights Law Centre, said:

“At every step of the way the Medevac bill was informed by Australian doctors and backed by the Australian Medical Association. The original Federal Court decision was entirely in line with Australian standards. Every day in Australian hospitals, surgeons and specialists give advice about the treatment patients need based on medical records and test results.”

In its findings, the Court noted expert evidence that medical professionals can evaluate a patient’s need for further assessment or treatment without any personal engagement with the patient, on the basis of notes of other practitioners or information gathered from third parties.

“The Court’s decision showed that the Government had been unlawfully trying to prevent seriously ill people from accessing the Medevac laws. The Morrison Government is still fighting to try to avoid even having to consider applications from sick people who need medical treatment.”

“The fact that we were forced to file in court yet again just to ensure a sick refugee can access medical treatment shows how important the Medevac laws are. We need medical decisions to be made by doctors, not politicians and bureaucrats,” Mr Burke said.

Under the Medevac laws, the Secretary must notify the Minister once two registered doctors have made recommendations for medical transfer. Once notified, the Minister can accept or reject the application for transfer. If the Minister rejects the transfer, the case is taken to the Government’s Independent Health Advice Panel. The Panel must clinically assess the person and make a medical recommendation to the Minister. The Minister retains the ability to refuse Medevac applications on specific grounds in every case.

The critically ill man’s application was subsequently approved by the Minister after the Independent Health Assessment Panel recommended that he be transferred from Nauru for medical treatment.

Media contact:

Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519

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