This bill did not become law and is no longer proceeding.
Immigration, border & security
Australia would have to bring people still held in Nauru or Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. to Australia for medical treatment if two treating doctors say they need care that cannot be properly provided there.
The 2019 repeal of MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. left people still held in Nauru and Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. unable to access adequate medical treatment. This bill restores doctor-backed transfers to Australia for treatment, covers people still in PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. after its designation lapsed, and adds fast child decisions and independent oversight.
MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. rules in 2019 let 192 people held offshore come to Australia for urgent treatment, but after the Coalition repealed them in December 2019, people still in Nauru and Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. were left without that doctor-backed pathway even as some remained in PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. after its regional processing designation lapsed in March 2023. After the UN Human Rights CommitteeThe United Nations body the draft says found Australia still responsible for people held on Nauru. ruled in January 2025 that Australia still bore responsibility for people held on Nauru, this bill was introduced to restore medical transfers and cover those still in PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country., but it lapsed when Parliament ended in July 2025.
No significant public case against the bill is recorded so far, and publicly available sources does not show a developed argument that restoring medical transfers would cause harm. The current record appears limited to support for restoring MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment., with no party represented in the debate material here raising a substantive objection.
Senator David Shoebridge introduced this bill. Speeches supporting it came from Greens.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
159 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
Australia would have to bring people still held in Nauru or Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. to Australia for medical treatment if two treating doctors say they need care that cannot be properly provided there.
People sent to Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. while it was still an offshore processing country would still be covered, even though Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country.'s formal designation has since ended.
Children still held offshore would have to get a personal ministerial decisionA personal decision the minister must make in these cases, rather than leaving it to officials, and the bill uses strict 24 hour time limits. within 24 hours, and they would be transferred automatically if no decision is made in time unless the minister believes they pose a security riskA reason the minister can use to refuse a transfer even when doctors say the person needs treatment..
Family members of a person being transferred for treatment, or family members of a child already in Australia, could also be brought to Australia within 24 hours unless the minister believes there is a national security riskA reason the minister can use to refuse a transfer even when doctors say the person needs treatment..
An independent medical panel would review medical refusals, monitor the health of people still held offshore, and publish regular reports to Parliament on transfers and conditions.
This bill seeks to amend the Migration Act 1958 to allow for the transfer to Australia of people who sought asylum by sea currently held in Papua New Guinea and Nauru, transitory persons, and their families, if they are assessed by two or more treating doctors as requiring medical treatment.Migration Amendment (Restoring Medevac) explanatory memorandum
To avoid doubt a transitory person currently held in Papua New Guinea who was transferred between October 2012 and March 2023 would also be eligible for medical evacuation as they were taken to Papua New Guinea when it was a regional processing country.Migration Amendment (Restoring Medevac) explanatory memorandum
The Minister must approve, or refuse to approve, the person’s transfer to Australia within 24 hours after being notified, if a transitory person is found to be legacy minor (subsection 198D(2)). If the Minister does not make a decision concerning the transfer of a legacy minor by the end of the period the Minister is taken to have approved the person’s transfer (subsection 198D(4)). The Minister can only refuse a transfer of a legacy minor if the Minister reasonably believes it would be prejudicial to security (subsection 198D(3)). Subsection 198D(5) specifies the Minister’s powers under this section must be exercised by the Minister personally.Migration Amendment (Restoring Medevac) explanatory memorandum
Item 5 also inserts a new section 198G providing information on when an officer must consider the transfer of a family member. If an officer suspects a that a transitory person is part of a family unit of another transitory person in a regional processing country or is a member of the same family unit as a minor in Australia, then they must inform the Minister (subsection 198G(1)). The Minister must approve the transfer within a 24 hour period (subsection 198G(2)). The Minister must approve the transfer unless the Minister reasonably believes that the transfer of the person to Australia would be prejudicial to national security (subsection 198G(3)). If the Minister does not make a decision within a 24 hour period it is taken as approved (subsection 198G(4)). The regulations may prescribe processes to be complied with in relation to the exercise of the Minister’s powers under this section (subsection 198G(5)).Migration Amendment (Restoring Medevac) explanatory memorandum
Item 6 inserts section 199H, which establishes the Independent Health Advice Panel, making clear the functions of the Panel are to monitor and report on the health of transitory people in regional processing countries.Migration Amendment (Restoring Medevac) explanatory memorandum
Context
MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. rules in 2019 let 192 people held offshore come to Australia for urgent treatment, but after the Coalition repealed them in December 2019, people still in Nauru and Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. were left without that doctor-backed pathway even as some remained in PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. after its regional processing designation lapsed in March 2023. After the UN Human Rights CommitteeThe United Nations body the draft says found Australia still responsible for people held on Nauru. ruled in January 2025 that Australia still bore responsibility for people held on Nauru, this bill was introduced to restore medical transfers and cover those still in PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country., but it lapsed when Parliament ended in July 2025.
Parliament repeals the original MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. law
The explanatory memorandum says the Coalition repealed the 2018 MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. scheme in December 2019 after 192 people had been transferred to Australia for urgent treatment under it.
Migration Amendment (Restoring Medevac) explanatory memorandum ↗Papua New GuineaOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country.'s regional processing designation lapses
The bill's explanatory material says PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country.'s designation ended in March 2023 even though people taken there by Australia were still in the country and would remain covered by the new transfer rules.
Migration Amendment (Restoring Medevac) explanatory memorandum ↗UN Human Rights CommitteeThe United Nations body the draft says found Australia still responsible for people held on Nauru. says Australia remains responsible for people held on Nauru
In two cases brought by people on Nauru, the committee ruled that Australia remained responsible for their arbitrary detention despite the offshore arrangement.
Migration Amendment (Restoring Medevac) explanatory memorandum ↗Bill introduced to restore MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. transfers
Senator Shoebridge introduced the bill to bring back doctor-backed medical transfers for people still held in Nauru and PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country., including people left in PNGOne of the offshore locations covered by the bill, including people sent there when it was still formally designated as a regional processing country. after its designation had lapsed.
Hansard ↗Bill lapses at the end of Parliament
The parliamentary record shows the bill lapsed when Parliament ended, so the proposed restoration of MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. did not become law.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Key criticism
No significant public case against the bill is recorded so far, and publicly available sources does not show a developed argument that restoring medical transfers would cause harm. The current record appears limited to support for restoring MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment., with no party represented in the debate material here raising a substantive objection.
No significant public case against the bill is recorded so far.
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Shoebridge strongly supports the bill and urges the Senate to restore MedevacThe short name for the medical transfer scheme this bill wants to bring back, under which people held offshore could be brought to Australia for treatment. so people held offshore can again be transferred to Australia for urgent medical treatment.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“I urge everyone to support this bill.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Lapsed at end of Parliament
Lapsed at end of Parliament
The bill reached this recorded parliamentary step.
