This article updates how Australia's national security concerns have intersected with the regulation of Australian medical practitioners in the area of mandatory, indefinite, administrative offshore detention of asylum-seekers. It outlines relevant recent decisions of the High Court, including dissenting opinions that such detention represents unconstitutional extra-judicial punishment with a primary deterrence aim. It evaluates recent amendments to the Australian Border Force Act 2015 (Cth) as well as exploring recent relevant legislation and administrative, political and judicial decisions made in both Papua New Guinea and the Republic of Nauru. It considers the Medical Evacuation legislation and the Australian Government's attempts to challenge judicial authority to transfer people off Nauru for medical treatment. The article concludes with an analysis of prospects for further Australian asylum seeker and refugee policy and legislative reform more coherent with basic principles of medical ethics and international human rights. © 2019 Thomson Head Office. All rights reserved.

Administrative offshore detention Medical evacuation legislation Medical practitioners National security Refugees Asylum-seekers

Health Personnel punishment refugee Australia Security Measures Transportation of Patients health care personnel legislation and jurisprudence organization and management patient transport human Humans Refugees