Document ID: chunk:federal_register_of_legislation:C2019A00003:clause:6_198f:p1
Version: federal_register_of_legislation:C2019A00003
Segment Type: clause
Provision Reference: sch 6 cl 198F (pt 1/2)
Character Range: 21375–24179

198F  Review by Independent Health Advice Panel of refusal on ground that transfer is not medically necessary
 (1) If the Minister refuses to approve a relevant transitory person's transfer to Australia on the ground set out in paragraph 198E(4)(a), the Minister must notify the Independent Health Advice Panel established by section 199A (the panel) as soon as practicable.
Note: The ground set out in paragraph 198E(4)(a) is that the Minister reasonably believes that it is not necessary to transfer the person to Australia for appropriate medical or psychiatric assessment or treatment.
 (2) As soon as practicable, and no later than 72 hours, after being notified by the Minister, the panel must:
 (a) conduct a further clinical assessment of the person (whether in person or remotely); and
 (b) inform the Minister of the findings of that assessment, including its recommendation that:
 (i) the decision to refuse the person's transfer be confirmed; or
 (ii) the person's transfer be approved.
 (3) If the panel does not inform the Minister of its recommendation under subsection (2) within the time required by the subsection, the panel is, at the end of that time, taken to have recommended that the person's transfer be approved and informed the Minister accordingly.
 (4) After being informed by the panel of its findings and recommendation, the Minister must reconsider the decision to refuse to approve the person's transfer and either:
 (a) confirm the decision to refuse; or
 (b) approve the person's transfer.
 (4A) The Minister must make a decision under subsection (4):
 (a) as soon as practicable after being informed by the panel of its findings and recommendations; and
 (b) no later than 24 hours after being informed by the panel of its findings and recommendation.
 (5) If the panel recommends that the person's transfer be approved, the Minister must approve the person's transfer to Australia unless:
 (a) the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979, including because an adverse security assessment in respect of the person is in force under that Act; or
 (b) the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.
 (6) If the Minister does not make a decision under subsection (4) within the time required by subsection (4A), the Minister is, at the end of that time, taken to have approved the person's transfer under subsection (4).
 (7) The Minister's powers under this section may only be exercised by the