RT. The legislation @AustralianLabor will introduce regarding kids on #Nauru fails every critical test. The @ASRC1 is actually best placed to explain why as we are one of the organisations doing the work with the kids & families right now. Here's why it fails the kids. A thread.
1. It relies on Minister acting in the best interests of the child by formally making them final decision maker, they already are in reality & just hide behind "bureaucracy", this changes nothing. #Dutton will continue to block without court order, our experience dozens of times.
2. In requiring the Minister to make a determination within 24 hours on a medical transfer from Nauru, once that period is passed we will still have to rely on courts as no legislation exists to compel the Minister, his power remains non - compellable
3. Legislating that the treating physicians recommendation is the primary consideration in determining transfer a child still doesn't compel the child being transfered, still rely on Minister & courts & the physician who is contracted by the Australian Gov being independent.
4. The @ASRC1 has consistently had some medical providers contracted by the Australian Government on Nauru redact their medical reports on children to make advocacy harder or dilute their recommendations because of political pressure from Australian Border Force
5. While strengthening the Independent Health Advice Panel by establishing it in legislation is a good step they again are simply an advisory panel, they cannot compel or override the Minister in Dutton who has consistently acted against best interests of the children on Nauru
6. @MSFAustralia in past wk on the kids & families on #Nauru said “5 years of indefinite limbo has led to a radical deterioration of their mental health and well being...it is beyond desperate..total state of hopelessness." MSF said so critical immediate evacuation of all needed
7. It's taken the @ASRC1 & our legal, medical & community partners 10 months to free 52 children, that's 5 kids a month on average, with 77 kids left it could be Christmas 2019 before they are all transferred. We have dozens of suicidal children right now that we are dealing with
8. The bill is silent on where the children and families will be sent for medical care from #Nauru, failing to guarantee an adequate and appropriate level of medical care will be provided & again vesting in Ministerial discretion the power to make the final call on when returned
9. It unintentionally allows for the separation of families because it does not require both parents to be transferred with their child when they need yrgent medical care, just "a parent or guardian."
10. In trying to make Minister more accountable it actually makes it worse by giving Minister a legislated power to make the final call on whether an ill child is to be transferred, this should be the decision of treating doctor not a politician who may have conflict of interest
