The Royal Australasian College of Physicians has raised problems with the new independent health advice panel established by the medical evacuations bill, including the lack of remuneration for medical experts appointed to the new body.
The college told its members over the weekend it had raised a number of issues about the health panel with the immigration minister since the medevac bill passed last week, including the “extremely short timeframe” for nominating members and the “lack of funding and other support for members who are appointed to the IHAP”.
The communication from the college to members says: “A person is not entitled to remuneration in respect of their position as a member of the panel.
“No reimbursement for any associated activities will be provided. The college is seeking clarification from the minister on this point.”
The medical evacuations bill, which has been the catalyst for the the resumption of brutal partisan warfare on border protection in Canberra, codifies procedures for the transfer of people in Nauru and Manus Island to Australia if they need medical attention, and gives clinicians more say than under current arrangements.
The new system establishes an independent panel made up of the commonwealth chief medical officer, the home affairs department’s chief medical officer, and at least six others – a nominee of the president of the Australian Medical Association, of the Royal Australian and New Zealand College of Psychiatrists and of the Royal Australasian College of Physicians, and an expert in paediatric health.
The independent panel will be required to review decisions within 72 hours if the minister refuses to allow a transfer on health grounds. If the panel says it should proceed, the minister can refuse if the transfer is considered prejudicial to security, or if the person has a substantial criminal record.
Despite an escalation in political contention about Australia’s borders being “weakened” because of the legislation, the new procedures only apply to people currently on Nauru and Manus Island, not to any new boat arrivals.
After a high-stakes wrangle in the parliament last week, where the government flagged a potential constitutional problem with the bill, the legislation was amended to specify that people on the new panel will not be paid for their contributions.
That amendment was inserted to avoid a potential breach of section 53 of the constitution.
It is unclear whether the government will move to address the concerns flagged by the college, because it opposes the bill that passed the House last week and says the new procedures will be repealed in the event it secures a majority at the election in May.
A spokeswoman for the immigration minister, David Coleman, declined to comment when approached for a response.
According to the internal communication seen by Guardian Australia, the college of physicians has called for nominations for the panel, noting the government has asked for at least 10 nominees to be forwarded for consideration for appointment to the new oversight panel by this Wednesday.
A spokesman for the college says there have been around 20 nominations from physicians over the past couple of days.
The college said it was proceeding with the call for nominations despite having “a number of concerns with the process, which may ultimately mean that we are not able to comply with some or all aspects of the minister’s request”.
“Nevertheless we are issuing this expressions of interest request to ensure we are ready to meet the minister’s request in the event our concerns are addressed.”
A spokesman for the college told Guardian Australia the organisation was “moving quickly to try and facilitate the panel” but was still “waiting to hear back from the government on some questions around the selection and panel operation”.
The correspondence from the college to members notes “our strong evidence-based opposition to immigration detention”.
It reminds members the body signed on to the kids off Nauru campaign, “urging the Australian parliament to support the immediate transfer of all refugee and asylum seeker children and their families from Nauru to Australia for health reasons”.
It says that campaign has “been instrumental in raising awareness of the severe and detrimental impact that living in indefinite offshore detention has on the health and wellbeing of these children”.
