How the 'medivac' bill was won

Editor's note

Despite a last-minute ploy by the government to have it deemed unconstitutional, a bill to facilitate medical transfers from Manus Island and Nauru was last night passed in the House of Representatives with support from Labor and the crossbenchers. As Anne Twomey writes, the argument that it might contravene section 53 of the Constitution by increasing the burden on the people was in debate – and even the Constitution itself is not clear on the matter.

However, Labor introduced an amendment to the bill, which means any potential section 53 problems will go away. And given it is no longer a money bill, it also reduces the risk that the government will be regarded as having lost the confidence of the house.

Amanda Dunn

Section Editor: Politics + Society

Top story

Cross-benchers Kerryn Phelps, Julia Banks and Rebekah Sharkie celebrate the passing of the Medivac bill. AAP/Lukas Coch

The government was defeated on the ‘medivac’ bill, but that does not mean the end of the government

Anne Twomey, University of Sydney

While the Constitution was brought into play in the debate on this bill, it actually has little to say on the matter – and the government can still govern despite its passing.

Six of the seven crossbenchers backed the ALP amendment to the bill that had come from the Senate. Lukas Coch/AAP

Morrison government defeated on medical bill, despite constitution play

Michelle Grattan, University of Canberra

The government has suffered a historic defeat in the House of Representatives, with Labor and crossbenchers passing the legislation facilitating medical transfers from Manus and Nauru by 75-74.

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Politics + Society
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Arts + Culture

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Cities
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Science + Technology
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Environment + Energy
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