Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 (3 of 2019)

Schedule 6   Transitory persons

Migration Act 1958

5   At the end of Division 8 of Part 2

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Subdivision D - Independent Health Advice Panel

199A Independent Health Advice Panel

(1) The Independent Health Advice Panel (the panel ) is established by this section.

(2) The objective of the panel is to monitor, assess and report on the physical and mental health of transitory persons who are in regional processing countries and the standard of health services provided to them.

199B Membership and appointment

(1) The panel consists of:

(a) the person occupying the positions of Chief Medical Officer of the Department and the Surgeon-General of the Australian Border Force;

(b) the person occupying the position of Commonwealth Chief Medical Officer; and

(c) not less than 6 other members, including:

(i) at least one person nominated by the President of the Australian Medical Association;

(ii) at least one person nominated by the Royal Australian and New Zealand College of Psychiatrists;

(iii) at least one person nominated by the Royal Australasian College of Physicians; and

(iv) at least one person who has expertise in paediatric health.

(2) Other than the persons mentioned in paragraphs (1)(a) and (b), each member of the panel is to be appointed by the Minister by written instrument for a minimum term of 3 years.

(3) The Minister must not appoint a person as a member of the panel unless the Minister is satisfied that the person:

(a) has expertise in one or more of the following:

(i) the medical profession;

(ii) mental health;

(iii) public health;

(iv) paediatric health; and

(b) has been nominated by one or more of the following bodies:

(i) the Australian Medical Association;

(ii) the Royal Australian and New Zealand College of Psychiatrists;

(iii) the Royal Australasian College of Physicians;

(iv) the Australian Psychological Society;

(v) an Australian professional body prescribed by the regulations.

(4) A person is not entitled to remuneration in respect of their position as a member of the panel.

199C Performance of panel's functions

(1) Subject to this section, the panel is to carry out its functions in such manner as the panel determines.

(2) In performing its monitoring and assessment functions, the panel may:

(a) assign different members of the panel to monitor and assess the health of transitory persons in different regional processing countries; and

(b) travel to regional processing countries to conduct monitoring and assessment activities; and

(c) assess whether initial assessments of transitory persons on arrival in a regional processing country are adequate; and

(d) assess the adequacy of health services and support provided to transitory persons in regional processing countries; and

(e) monitor a transitory person's health on an ongoing basis for as long as the transitory person remains in a regional processing country; and

(f) adjudicate between treating doctors if there are differing clinical assessments and recommended treatment options.

(3) The panel may, at any time it considers appropriate, make recommendations to the Minister in respect of the health of transitory persons who have been taken to regional processing countries, including recommendations relating to:

(a) the treatment of individual transitory persons; and

(b) the treatment of a cohort of transitory persons in regional processing countries; and

(c) medical processes and procedures for managing the treatment of a cohort of transitory persons in regional processing countries.

199D Power to obtain information and documents

(1) If the panel has reason to believe that:

(a) a Department of the Commonwealth or a prescribed authority (a relevant agency ); or

(b) a person who is engaged as a consultant or independent contractor by a relevant agency;

is capable of giving information or producing documents or other records relevant to the panel's performance of its functions, the panel may, by notice in writing given to the head of the agency, require the head of the agency or a person nominated by the head of the agency, to give the information or produce the document or other record to the panel.

(2) The panel may specify in a notice given under subsection (1) the place where, or date or time when the information must be given or the document or other record produced.

(3) The Secretary must provide appropriate assistance to the panel for the purpose of ensuring the panel performs its functions and exercises its powers.

(4) Without limiting subsection (3), assistance provided by the Secretary may include:

(a) allowing the panel appropriate access to records, documents or information relating to the health of transitory persons who are in regional processing countries; and

(b) ensuring the panel has appropriate administrative support and assistance to perform its functions.

199E Reporting

(1) The panel must, as soon as practicable after 31 March, 30 June, 30 September and 31 December in each year, prepare and give to the Minister a report on its operations during the 3-month period that ended on that day.

(2) The Minister must cause a summary of each report to be laid before each House of the Parliament within 3 sitting days of that House after the report is given to the Minister.

(3) A summary report mentioned in subsection (2) must not include any information that may identify a transitory person.

(4) A summary report mentioned in subsection (2) must provide information about the number of transitory persons who have been brought to Australia under sections 198B and 198C in the relevant 3-month period.

(5) The Minister must prepare a response to any report provided in accordance with subsection (1).

(6) The Minister must cause the response to be laid before each House of Parliament within 3 sitting days of that House after the summary report mentioned in subsection (2) was laid before that House.

(7) A report provided to the Minister under subsection (1), and a summary report laid before a House of Parliament under subsection (2) must include a statement on the timeliness of the provision of information and assistance under section 199D.

(8) Notwithstanding subsection (1), the panel must produce its first report as soon as practicable after the commencement of this Subdivision.

(9) The first report of the panel is to consist of an assessment of:

(a) the physical and mental health conditions of transitory persons in regional processing countries; and

(b) the standards of health services provided to transitory persons in regional processing countries.