Healthcare in Australian immigration detention is in crisis. People in immigration detention continue to be arbitrarily refused medical treatment, leading to the exacerbation and non-diagnosis of many serious conditions.
The Australian government is failing to provide access to medical care and treatment despite the fact that it owes a clear common law duty of care to the people it detains.
In this article published in the UNSW Law Society journal Court of Consciousness, PIAC Senior Solicitor Lucy Geddes argues that non-compliance is exacerbated because this duty is not reflected in legislation. One way to assist with government oversight would be to introduce a regulation that reflects that people in immigration detention are entitled to access healthcare commensurate with Australian community standards.
The article is also available on Austlii.