House debates

Monday, 3 December 2018

Bills

Migration Amendment (Urgent Medical Treatment) Bill 2018; Second Reading

11:16 am

Photo of Kerryn PhelpsKerryn Phelps (Wentworth, Independent) Share this | | Hansard source

I move:

That this bill be now read a second time.

There is an urgent medical crisis in Australia's offshore detention centres, particularly for those children who have been held on Nauru for as long as five years.

The Migration Amendment (Urgent Medical Treatment) Bill 2018 would address this crisis by allowing for the temporary transfer of people held in offshore processing centres to be brought to Australia for medical assessment and treatment.

The medical crisis in offshore detention has been worsening for a number of years, and today Medecins Sans Frontieres has released a report documenting extreme mental health suffering in offshore detention. A dossier of leaked materials in August this year uncovered shocking signs of medical neglect in Australia's offshore processing facilities, precipitated and exacerbated by incidences of violence, sexual assault, degrading treatment and self-harm.

There are currently 1,224 people detained on the islands of Manus and Nauru, including, according to the latest reports, 12 children as well as pregnant women and unaccompanied minors. They have all been held in offshore detention for as long as five years. Since the #KidsOffNauru campaign began on 20 August this year, some children and their families have been transferred to Australia for medical treatment. This has occurred as a result of political pressure or at the behest of Australian courts, not through a proper process for medical transfer. A clinically led process for medical transfer of these sick asylum seekers and their families must be put in place.

In relation to Nauru, medical experts who have worked in the detention centre there have issued clear warnings about the escalating medical crisis. Three former medical staff employed on Nauru blew the whistle on this crisis, warning that medical conditions are so critical that a child may die.

Yet two months ago, Medecins Sans Frontieres was abruptly ordered to leave Nauru, depriving its patients on the island of specialist health services. MSF's report into conditions on Nauru, released this morning, is a shocking indictment of Australia's treatment of asylum seekers. It states that the mental health suffering on Nauru is among the worst MSF has ever seen, including in projects providing care for victims of torture.

That description is borne out by a huge number of independent accounts of medical neglect, in some cases resulting in death, in Australia's offshore detention centres.

There have been recent reports of a dramatic escalation of children locked up in Nauru with symptoms of traumatic withdrawal syndrome. This is a life-threatening condition where children withdraw from school and play, stop interacting and eventually stop eating and drinking. Parents are becoming desperate for help as they try to force food and water into the limp bodies of their children. The MSF report found that children as young as nine have had suicidal thoughts, committed acts of self-harm or attempted suicide. I understand there are entire families struggling through prolonged trauma, without adequate medical and psychological treatment, facing the obstructiveness of the Australian government and Border Force as doctors' recommendations for overseas medical treatment to save their children's lives have been blocked. These children are suffering not just from the trauma they have experienced as asylum seekers and refugees but also from a deep sense of hopelessness caused by them and their families being confined indefinitely. It is appalling that the Australian government has pushed children to such despair, to the point where they've lost their will to live, and it is concerning that the Nauru government has responded to such a crisis by removing a vital non-political organisation such as Medecins Sans Frontieres from Nauru.

On Manus Island as well the situation is critical. A report released by the UN High Commissioner for Refugees in 2016 found that the men in Manus Island detention centre were suffering from some of the highest rates of depression, post-traumatic stress and anxiety disorders in the world. Existing facilities on Manus Island are not adequate for addressing such a crisis. There is a local hospital but it lacks resources and staff. The number of mental health professionals supporting the men in Papua New Guinea has halved since the beginning of the year. We have seen 12 people die in offshore detention centres over the last five years. I refuse to see another person die in Australian funded offshore detention. We have a legal and moral responsibility to act, and we must act urgently.

In a letter delivered to parliament week, 12 Australian medical colleges and 6,000 individual Australian doctors implored parliamentary representatives to urgently transfer sick children to Australia for medical treatment and to address the escalating medical crisis in Nauru and on Manus Island. I have listened to these calls. In Australia clinical need, not politics, should determine access to care. This approach should apply equally on Manus Island and Nauru. As every parent knows, if a child needs urgent medical support, access to care must be determined by a doctor not a public servant.

I'm introducing this bill to address the urgent medical crisis unfolding on our watch and to follow the expert advice from Australian doctors. These doctors have overwhelmingly requested the immediate transfer of all refugee and asylum seeker children from Nauru to Australia and the provision of appropriate medical treatment to everyone in offshore detention. The bill provides for the Australian government to immediately transfer all refugee and asylum seeker children from Nauru to Australia for medical treatment. The bill will also enact a proper process for medical treatment ensuring that, when two treating doctors recommend the temporary transfer of any person in offshore detention to Australia for treatment, their orders are followed. Those who would say that by introducing this bill we are letting the people smugglers win, or inviting a flood of boats, should consider that the bill does not compel the permanent resettlement of refugees or even their permanent transfer to Australia. It does not end offshore detention. It does not contradict either of the major parties' stated policies on offshore detention. It simply ensures doctors' orders are followed in relation to the treatment of sick people in offshore detention.

Regardless of opinions on offshore processing, Australia must not fail to provide critically ill people in its care —in particular, children—with urgent medical treatment, especially when the Australian government policy of indefinite detention has caused, or seriously exacerbated, physical and psychiatric illness. I will continue to work with the parliament in having this legislation passed, and, if any amendments are made, I will update this chamber accordingly. It is unacceptable to continue to ignore the medical crisis that has emerged through the lack of appropriate care and the failure of the Australian government to transfer children and adults to Australia when doctors have so clearly recommended it do so. We are better than that.

Photo of Rob MitchellRob Mitchell (McEwen, Australian Labor Party) Share this | | Hansard source

I thank the member. Is the motion seconded?

11:24 am

Photo of Andrew WilkieAndrew Wilkie (Denison, Independent) Share this | | Hansard source

I second the motion and I commend the member for Wentworth for the good work she's already done in this place in a very short time. Australia's response to asylum seekers is illegal in international law and deeply immoral. It is especially abhorrent that we have been locking up children and denying children and adults the urgent medical care they need. I struggle to think of anything worse than to do that—to be denying adults and to be denying children the urgent medical care that they need and, indeed, for Border Force officers to be wilfully ignoring the advice of medical professionals. Who do they think they are? What right do they think they have to be ignoring the advice of medical professionals?

It's great that the member for Wentworth has brought this bill to the House today. I struggle to believe that the government or the opposition would not support this bill, because this bill is a good thing; it's a humanitarian thing. It's what the community wants. Frankly, it beggars belief that doctors are being ignored. It is a fact that Border Force officers are routinely failing to act on medical advice. We now know as a fact that most of the children that have been evacuated from Nauru this year have only been evacuated by order of the Federal Court or by threat of such legal action. So it is a downright lie from the government when they say that people are being evacuated when it is being recommended, because it is a fact that most people have only been evacuated by order of a court. And it is a lie when the government says that the asylum seekers and refugees on Manus Island and Nauru have adequate medical care, because they don't. It's probably symbolised no better than by the fact that the only psychiatrist at the Nauru hospital is a Cuban that speaks Spanish and doesn't speak English and doesn't speak any of the languages from South Asia or from the Middle East, and there are no translators on Nauru! I can't think of a better example of how woefully inadequate the health facilities and medical facilities are in those two places. It is the same on Manus, where there are hundreds of men incarcerated—and incarcerated they are; they're prison islands.

I commend the bill to the House and I plead with the government and I plead with the opposition to support this bill and to get these sick kids and these sick adults to Australia quick smart. (Time expired)

Photo of Rob MitchellRob Mitchell (McEwen, Australian Labor Party) Share this | | Hansard source

The time allotted for this debate has expired. The debate is adjourned and the resumption of the debate will be made an order of the day for the next day of sitting.