Just sharing more of the language in the current draft of the medical evacuation bill, with the caveat that talks aren’t yet concluded, so details could change.
From the draft amendments circulated this morning, which I shared with you earlier, a note has been added.
“Any transitory person who is brought to Australia for a temporary purpose must be kept in immigration detention whilst in Australia. That immigration detention must continue until the time of removal from Australia or until the minister determines that immigration detention is no longer required.”
The current draft amendments make it clear that the minister can override a decision to transfer a person from Nauru or Manus by the expert medical panel on security grounds, AND also if the minister “knows that the person has a serious criminal record” and “the minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct”.
The current draft says the minister must make a decision “as soon as practicable after being informed by the panel of its findings and recommendations”.
There’s a caveat though:
“If the minister was informed by the panel that the person’s transfer is necessary to prevent an imminent risk to the person of death, serious illness or serious injury, no later than 24 hours after being informed by the panel of its findings.”
A quick update from the federal court in Melbourne: David De Garis has been out of the court room for most of the afternoon as lawyers for the AWU ask the judge if they can cross-examine him.
The union’s lawyer, Herman Borenstein QC, argued earlier that Michaelia Cash’s former media adviser had been “hiding behind a mantra of not being able to recall” as he gave evidence.
Frank Parry SC, the barrister for the union regulator, the Roc, is opposing the request and the parties have been putting arguments about this since lunchtime.
The court has now adjourned to return at 9.30am on Wednesday.
De Garis will then return to the witness stand, followed by Cash’s former chief of staff Ben Davies.
De Garis earlier indicated that it had been Davies who told him federal police were set to raid the AWU’s offices.
The court heard that Friday has been set aside for Cash to give evidence.