Coalition argues future Labor government could 'soften' rules on medevac

The prospect of a Labor government applying new rules for medical transfers to asylum seekers who arrive in future is “no less real” than the medevac bill which passed parliament over government objections, the Coalition has argued.

The attorney general, Christian Porter, made the comments on ABC’s Insiders on Sunday as Scott Morrison released a video he says is aimed at discouraging asylum seekers overseas from attempting the voyage to Australia, but which was released overnight to News Corp Australia.

The comments are the latest attempt by the Morrison government to claim the medevac bill represents an incentive for people smuggling operations to Australia, despite the fact the new medical assessment procedures only apply to the current cohort of people in offshore detention.

The medevac bill – which passed the lower house on Wednesday and Senate on Thursday but is yet to receive royal assent – sets up a process for an independent medical panel to force a medical transfer from offshore detention unless the minister overrules it on security grounds or if the person has a “substantial criminal record”.

Porter said that although the “primary legal observation to make [is] that the legislation is not prospective” the fact that Labor had “softened” the rules was “another observation that’s no less important and no less real”.

“And there is some implausibility about the notion that they wouldn’t take that opportunity again if in government for a future cohort.

“And both of those observations are as real as each other.”

Echoing Morrison’s claims that the actual terms of the bill are a “nuance”, the attorney general said “people smugglers aren’t bound by the terms of the Trade Practices Act” and would use potential future legal changes to market boat journeys to clients.

Labor has insisted that the legal changes only apply to asylum seekers that are already on Manus Island or Nauru, meaning there is no incentive for asylum seekers to attempt to come to Australia now.

Porter said the “complete discretion” of the home affairs minister to refuse medical transfers had “now totally changed” and the government is “very concerned” that people “reasonably suspected” of criminal conduct – but not convicted – cannot be refused.

Porter suggested that under the changes you “need not even be ill” to be transferred, because two doctors and the medical panel can approve transfers merely for assessment.

The attorney general said the government “fully expects” that the panel will team up with the assessing doctors to override the minister because “doctors will tend to agree with other doctors” although the urgency of transfers medical treatment are “matters of some subjectivity”.

Porter defended the government’s decision to re-open the Christmas Island detention centre, which has lead some critics to accuse it of encouraging people smugglers to restart their trade by suggesting Australia’s borders were weakened as a result.

Independent MP Kerryn Phelps – the architect of the medevac bill – has responded to reports of potential future people smuggling operations by noting it was the Liberal Party who “sent up the signal that Christmas Island is reopening”.

Porter said it was a “rational” response to deal with the expected “influx of hundreds of people” that may transfer out of offshore detention for medical treatment.

Despite fears of future boat arrivals, six refugees interviewed by Guardian Australia said that neither they nor anyone they knew would be willing to attempt the journey.

On Sunday the prime minister’s office released a two-minute video message from Morrison, expected to be translated into 15 languages and aired in 10 countries considered asylum-seeker hot spots.

“Make no mistake, if you attempt to come to Australia illegally by boat, you will not succeed,” the prime minister says.

“So do not waste your money or risk your life, or anyone else’s life, for nothing.”

Porter also commented on the Australian Financial Review reports of the Paladin Group’s $423m of offshore detention contracts with the department of home affairs.

It was put to him the contracts were unusual given it is a “little known Singapore company with a registered address on Kangaroo Island” which is a beach shack at the end of a dirt road.

“This was the subject of a fund independent commonwealth procurement process and I’m sure that the claims will be investigated,” Porter replied. The Australian Financial Review has reported the tender process was closed.

Porter defended the home affairs minister Peter Dutton, who has said he had “no sight” of the tender process, noting that “standard procurement processes are often at arms-length from the minister”.