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| Labor locked in talks on their position on medical evacuation bill – politics live | Labor locked in talks on their position on medical evacuation bill – politics live |
| (35 minutes later) | |
| Luke Henriques-Gomes was in the federal court where the AWU raids case began: | |
| Michaelia Cash’s former media adviser has admitted in court that he leaked details of a federal police raid on the Australian Workers’ Union but declined to say who tipped him off. | |
| A high-profile federal court trial has begun to determine the legality of Australian federal police raids on the union’s Melbourne and Sydney headquarters in October 2017. | |
| On Monday, the court heard that letters and communications sent by Cash, a senator and former employment minister in the Coalition government, and her office illustrate a “keen political interest” in the AWU before its offices were raided by police. | |
| The raids, which were part of an investigation by the Registered Organisations Commission, drew scrutiny because tipped-off TV crews and journalists arrived at the offices before police. | |
| Cash’s former media adviser, David De Garis, told the court on Monday he learned police were set to raid the union’s offices about midday on 24 October. Asked who told him about the upcoming raids, De Garis replied: “I respectfully decline to answer that question on the grounds it may incriminate me.” | |
| Caucus moving towards supporting the three principles, but concerns will be ventilated. Meeting still underway #auspol @AmyRemeikis | |
| Meanwhile, the Labor caucus meeting still hasn’t got to the medical evacuation bill. | |
| Wayne Hay is the senior correspondent for Al Jazeera: | |
| The judge has approved the submission from the Attorney General. Hakeem will be released. #thailand #HakeemAlAraibi https://t.co/jO1t6iAVFP | |
| Just on Christopher Pyne’s tweet, a quick search shows that, well, this did go on in the 43rd parliament. | Just on Christopher Pyne’s tweet, a quick search shows that, well, this did go on in the 43rd parliament. |
| As the Conversation reported at the time: | As the Conversation reported at the time: |
| The decision last month by Opposition Leader Tony Abbott to severely restrict the practice of “pairing” votes in Parliament is another demonstration of the fractious and polarised state of federal politics since the 2010 election. | The decision last month by Opposition Leader Tony Abbott to severely restrict the practice of “pairing” votes in Parliament is another demonstration of the fractious and polarised state of federal politics since the 2010 election. |
| ...In the current 43rd parliament, the government has rejected only one out of 27 requests by the Opposition for pairs, while the Opposition has rejected 60 out 185 Government requests.” | ...In the current 43rd parliament, the government has rejected only one out of 27 requests by the Opposition for pairs, while the Opposition has rejected 60 out 185 Government requests.” |
| There was also that time Tony Abbott backed out of an agreement to pair the Speaker in 2011, despite originally agreeing to the move. | There was also that time Tony Abbott backed out of an agreement to pair the Speaker in 2011, despite originally agreeing to the move. |
| Christopher Pyne has responded to Labor’s announcement pairs will be cancelled when absolute majority vote is occurring: | Christopher Pyne has responded to Labor’s announcement pairs will be cancelled when absolute majority vote is occurring: |
| By cancelling pairs the ALP are saying they won’t let any Member of the HoR leave to attend to a sick family member or to get medical attention themselves. It’s unprecedented and the then Opposition never stooped this low even in the darkest days of the 43rd Parliament. #auspol | By cancelling pairs the ALP are saying they won’t let any Member of the HoR leave to attend to a sick family member or to get medical attention themselves. It’s unprecedented and the then Opposition never stooped this low even in the darkest days of the 43rd Parliament. #auspol |
| Labor is still in caucus. | Labor is still in caucus. |
| We’ll let you know what is happening, as soon as we know. | We’ll let you know what is happening, as soon as we know. |
| Mike Bowers was at the Last Post ceremony and caught the leaders in a somewhat candid moment. | Mike Bowers was at the Last Post ceremony and caught the leaders in a somewhat candid moment. |
| Tim Storer @storertim on Labor's three principles: "I will consider any amendments, but would be disappointed if the amendments do not pass the House in their current form" @AmyRemeikis #auspol | Tim Storer @storertim on Labor's three principles: "I will consider any amendments, but would be disappointed if the amendments do not pass the House in their current form" @AmyRemeikis #auspol |
| Just a reminder that Labor’s position there is not yet set – it still has to be signed off on by caucus, which won’t meet until 6pm. | Just a reminder that Labor’s position there is not yet set – it still has to be signed off on by caucus, which won’t meet until 6pm. |
| Labor has been locked in talks all day to reach a position on this impasse. The talks are ongoing. At the moment three principles have been resolved. | Labor has been locked in talks all day to reach a position on this impasse. The talks are ongoing. At the moment three principles have been resolved. |
| The first is broadening the scope of ministerial discretion to ensure that people who have committed serious crimes can be rejected if they are recommended for medical transfer. | The first is broadening the scope of ministerial discretion to ensure that people who have committed serious crimes can be rejected if they are recommended for medical transfer. |
| The second is relaxing the timeframes specified in the current bill. Some timeframes for decision making are within 24 hours. | The second is relaxing the timeframes specified in the current bill. Some timeframes for decision making are within 24 hours. |
| The third is ensuring these arrangements only apply to the current cohort, not to any new boat arrivals. | The third is ensuring these arrangements only apply to the current cohort, not to any new boat arrivals. |
| As I said, meetings are ongoing, and it’s unclear whether key crossbenchers would cop any or all of this, assuming the caucus does. | As I said, meetings are ongoing, and it’s unclear whether key crossbenchers would cop any or all of this, assuming the caucus does. |
| Applications for citizenship “have not been processed efficiently by the Department of Home Affairs”, according to a scathing auditor general report, released on Monday. | Applications for citizenship “have not been processed efficiently by the Department of Home Affairs”, according to a scathing auditor general report, released on Monday. |
| The report found the department is missing its old target of making 80% of decisions within 80 days, with just 15% meeting that deadline in 2017-18. Instead, the department has abolished the target and not announced a replacement. | The report found the department is missing its old target of making 80% of decisions within 80 days, with just 15% meeting that deadline in 2017-18. Instead, the department has abolished the target and not announced a replacement. |
| The auditor general noted there was “a long delay before substantive processing of the applications received from 20 April 2017” when the government announced reforms to tighten the rules for gaining Australian citizenship and this “negatively impacted processing times”. | The auditor general noted there was “a long delay before substantive processing of the applications received from 20 April 2017” when the government announced reforms to tighten the rules for gaining Australian citizenship and this “negatively impacted processing times”. |
| Those reforms were blocked by the Senate. | Those reforms were blocked by the Senate. |
| Over the past four years applications lodged increased by 25% to 240,000, decisions decreased by 47% to 100,000 and cases awaiting decisions soared by 771% to 245,000. | Over the past four years applications lodged increased by 25% to 240,000, decisions decreased by 47% to 100,000 and cases awaiting decisions soared by 771% to 245,000. |
| Home affairs also failed to check the quality of the decisions taken to approve or refuse Australian citizenship in 2017–18, despite committing to check 2% of decisions. | Home affairs also failed to check the quality of the decisions taken to approve or refuse Australian citizenship in 2017–18, despite committing to check 2% of decisions. |
| The department responded rejecting the claim applications were not processed efficiently and refusing to prioritise speed over “national security and community safety”. | The department responded rejecting the claim applications were not processed efficiently and refusing to prioritise speed over “national security and community safety”. |
| The auditor general responded that time blowouts were in fact caused by “long delays ... evident between applications being lodged and decisions being taken on whether or not to confer citizenship, along with significant periods of inactivity”. | The auditor general responded that time blowouts were in fact caused by “long delays ... evident between applications being lodged and decisions being taken on whether or not to confer citizenship, along with significant periods of inactivity”. |
| The department rejected the auditor general’s recommendation that it publish statistics on the time taken to decide citizenship applications, warning this would “not be meaningful” because individual cases vary. | The department rejected the auditor general’s recommendation that it publish statistics on the time taken to decide citizenship applications, warning this would “not be meaningful” because individual cases vary. |
| For those wondering, beyond Labor supporting the amended medical evacuation bill in the Senate, this is what the party decided on at the conference late last year: | For those wondering, beyond Labor supporting the amended medical evacuation bill in the Senate, this is what the party decided on at the conference late last year: |
| 339. Labor recognises that successive Coalition Governments have failed to negotiate viable and timely regional resettlement arrangements, which has left refugees and asylum seekers including children languishing in indefinite detention. | 339. Labor recognises that successive Coalition Governments have failed to negotiate viable and timely regional resettlement arrangements, which has left refugees and asylum seekers including children languishing in indefinite detention. |
| Labor believes that whilst these arrangements are negotiated, the Australian Government is not absolved of its obligation to provide appropriate health, security, and welfare services to asylum seekers. | Labor believes that whilst these arrangements are negotiated, the Australian Government is not absolved of its obligation to provide appropriate health, security, and welfare services to asylum seekers. |
| Labor will: | Labor will: |
| Work to negotiate on, and agree to, regional resettlement arrangements and resettle eligible refugees as a priority; | Work to negotiate on, and agree to, regional resettlement arrangements and resettle eligible refugees as a priority; |
| Continue to support the United States Refugee Resettlement Agreement and accept New Zealand’s generous offer to resettle refugees by negotiating an agreement on similar terms as the United States Agreement; | Continue to support the United States Refugee Resettlement Agreement and accept New Zealand’s generous offer to resettle refugees by negotiating an agreement on similar terms as the United States Agreement; |
| and | and |
| Ensure appropriate health, security, and welfare services for asylum seekers; | Ensure appropriate health, security, and welfare services for asylum seekers; |
| and | and |
| Improve the medical transfer process, establish an Independent Health Advice Panel to provide medical advice and maintain ministerial discretion in all decision making | Improve the medical transfer process, establish an Independent Health Advice Panel to provide medical advice and maintain ministerial discretion in all decision making |
| Earlier today I stepped you through what the medical transfers legislation says rather than relying on the high velocity political bollocks of the past week or so. Now, here is my account of a brief from the home affairs department that was leaked selectively to some news outlets last week. That leak is now the subject of a police investigation. | Earlier today I stepped you through what the medical transfers legislation says rather than relying on the high velocity political bollocks of the past week or so. Now, here is my account of a brief from the home affairs department that was leaked selectively to some news outlets last week. That leak is now the subject of a police investigation. |
| The government has now released a redacted version of the home affairs brief. The first thing to note is it is not a classified brief (as at least one outlet suggested). It’s status is “protected, sensitive, legal”. | The government has now released a redacted version of the home affairs brief. The first thing to note is it is not a classified brief (as at least one outlet suggested). It’s status is “protected, sensitive, legal”. |
| News reports of this brief suggested that security agencies had warned the floodgates would be opened on border protection if the parliament ultimately passes the medical transfer legislation. Well, sort of. There are a lot of contentions in the advice, and some of them are hedged. | News reports of this brief suggested that security agencies had warned the floodgates would be opened on border protection if the parliament ultimately passes the medical transfer legislation. Well, sort of. There are a lot of contentions in the advice, and some of them are hedged. |
| Officials argue the current ministerial discretion in the bill to reject people cleared for medical transfer on security grounds isn’t wide enough. | Officials argue the current ministerial discretion in the bill to reject people cleared for medical transfer on security grounds isn’t wide enough. |
| Consistent with the culture of the home affairs department, the briefers also clearly object to doctors being decision-makers. The officials say a lot of doctors don’t like offshore detention, ipso facto: “Many doctors in Australia and their professional associations have called for an end to regional processing and it is expected that their recommendations under these amendments would be forthcoming in a short period.” | Consistent with the culture of the home affairs department, the briefers also clearly object to doctors being decision-makers. The officials say a lot of doctors don’t like offshore detention, ipso facto: “Many doctors in Australia and their professional associations have called for an end to regional processing and it is expected that their recommendations under these amendments would be forthcoming in a short period.” |
| “It is expected that within four weeks of Royal Assent, should the bill pass the House of Representatives, that most of the 1,000 individuals would be in contact with ‘treating doctors’ willing to recommend their transfer to Australia for at least medical assessment if not treatment. The fact that treatment is available in PNG, Taiwan or Nauru would not restrict the recommendations by treating doctors to transfer. The individual would not be required to accept treatment in their regional processing country or another location that is not Australia”. | “It is expected that within four weeks of Royal Assent, should the bill pass the House of Representatives, that most of the 1,000 individuals would be in contact with ‘treating doctors’ willing to recommend their transfer to Australia for at least medical assessment if not treatment. The fact that treatment is available in PNG, Taiwan or Nauru would not restrict the recommendations by treating doctors to transfer. The individual would not be required to accept treatment in their regional processing country or another location that is not Australia”. |
| “Some doctors have publically [sic] asserted that all transferees should be removed from Nauru and PNG for mental health reasons. Provided those doctors are appropriately registered or licensed and have ‘assessed’ transferees either remotely or in person, it will be open to him or her to form the opinion that any or all of the transferees are ‘relevant transitory persons’ and give the secretary notice of this, triggering the provisions in the amendments.” | “Some doctors have publically [sic] asserted that all transferees should be removed from Nauru and PNG for mental health reasons. Provided those doctors are appropriately registered or licensed and have ‘assessed’ transferees either remotely or in person, it will be open to him or her to form the opinion that any or all of the transferees are ‘relevant transitory persons’ and give the secretary notice of this, triggering the provisions in the amendments.” |
| A contention, unless I’m not mistaken. Doctors. Gotta watch them. Always up to something. | A contention, unless I’m not mistaken. Doctors. Gotta watch them. Always up to something. |
| Moving on, the briefers note something the government hasn’t exactly highlighted. “On transfer to Australia, the individuals would be detained under the Migration Act 1958 (Migration Act) and placed in held detention or in community detention by way of a residence determination”. | Moving on, the briefers note something the government hasn’t exactly highlighted. “On transfer to Australia, the individuals would be detained under the Migration Act 1958 (Migration Act) and placed in held detention or in community detention by way of a residence determination”. |
| So this isn’t quite “two doctors say you can come to Australia, and freedom beckons”, as a number of government frontbenchers have suggested during the past few hyperbolic days. It’s come to Australia (maybe, if you meet the criteria) and get detained again. | So this isn’t quite “two doctors say you can come to Australia, and freedom beckons”, as a number of government frontbenchers have suggested during the past few hyperbolic days. It’s come to Australia (maybe, if you meet the criteria) and get detained again. |
| Despite the brief confirming medical transferees would continue to be detained, this is framed by the authors as a problem. | Despite the brief confirming medical transferees would continue to be detained, this is framed by the authors as a problem. |
| “Placing up to 1,000 people in held detention will put pressure on the detention network and with risk assessments, some, but not all, may be suitable for community detention. Those not suitable for community detention would be placed in held detention, likely necessitating the stand-up of the Christmas Island facility and removing our hot contingency fall back for Operation Sovereign Borders.” | “Placing up to 1,000 people in held detention will put pressure on the detention network and with risk assessments, some, but not all, may be suitable for community detention. Those not suitable for community detention would be placed in held detention, likely necessitating the stand-up of the Christmas Island facility and removing our hot contingency fall back for Operation Sovereign Borders.” |
| The briefers worry word will get back to the people smugglers. “This path to Australia will likely reach people smugglers in a short period and they could rightly advise their clients that if they were sent at a future time to a regional processing location, they would only need to stay long enough to seek the recommendations of ‘treating doctors’ for transfer to Australia.” | The briefers worry word will get back to the people smugglers. “This path to Australia will likely reach people smugglers in a short period and they could rightly advise their clients that if they were sent at a future time to a regional processing location, they would only need to stay long enough to seek the recommendations of ‘treating doctors’ for transfer to Australia.” |
| “We expect that this may encourage those prospective clients of people smugglers who, to date, have not decided to travel due to the dissuasion of returns, turnbacks and regional processing. This bill removes the third pillar – regional processing.” | “We expect that this may encourage those prospective clients of people smugglers who, to date, have not decided to travel due to the dissuasion of returns, turnbacks and regional processing. This bill removes the third pillar – regional processing.” |
| Sounds bad, but several paragraphs later, the advice becomes more hedged. After noting the softening in Australia will feed in to marketing by people smugglers, the story becomes more complicated. “Although people smugglers may claim there has been a shift in Australian policy and entry to Australia is now possible with just the opinion of two doctors, the resumption of large-scale people smuggling to Australia will remain dependent on a shift in Potential Illegal Immigrant (PII) intent — not smuggler marketing.” | Sounds bad, but several paragraphs later, the advice becomes more hedged. After noting the softening in Australia will feed in to marketing by people smugglers, the story becomes more complicated. “Although people smugglers may claim there has been a shift in Australian policy and entry to Australia is now possible with just the opinion of two doctors, the resumption of large-scale people smuggling to Australia will remain dependent on a shift in Potential Illegal Immigrant (PII) intent — not smuggler marketing.” |
| “PIIs will probably be interested in any perceived or actual pathway where resettlement in a Western country is guaranteed, even if such a pathway includes a period spent in detention. | “PIIs will probably be interested in any perceived or actual pathway where resettlement in a Western country is guaranteed, even if such a pathway includes a period spent in detention. |
| “However, PIIs will probably remain sceptical of smuggler marketing and await proof that such a pathway is viable, or that an actual change of policy has occurred, before committing to ventures”. | “However, PIIs will probably remain sceptical of smuggler marketing and await proof that such a pathway is viable, or that an actual change of policy has occurred, before committing to ventures”. |
| We are waiting to find out (with everyone else) where Labor lands on the medical evacuation bill, so bear with us. | We are waiting to find out (with everyone else) where Labor lands on the medical evacuation bill, so bear with us. |