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Memorandum Of Understanding Between The Australian Office In


Taipei And The Taipei Economic And Cultural Office In Australia On
The Medical Treatment In Taiwan Of Certain Persons Residing In
Regional Processing Countries

Purpose of Memorandum

1. The Australian Office in Taipei (AO) and, the Taipei Economic and
Cultural Office in Australia (TECO) together with the implementing
agencies they represent (the ‘Participants5), jointly determine to enter
into this Memorandum of Understanding (this MOU) for the temporary
transfer to Taiwan, for the purpose of their medical treatment, of Persons
transferred to Regional Processing Countries from Australia in
accordance with its regional processing arrangements with those
countries.

Implementing Agencies

2. Implementation of this MOU is the primary responsibility of:


a. for the AO, the Department of Immigration and Border Protection
(DIBP); and
b. for TECO, the Ministry of Health and Welfare (MOHW) and the
authorities represented by TECO,

Definitions

3. For the purposes of this MOU and any Annexes:


a. Person means an individual transferred to a Regional Processing
Country from Australia in accordance with Australia’s regional
processing arrangements with that country, who is assessed by
Medical Officers to require medical care of a kind not available in
the Regional Processing Country;

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b. Medical Officer means a health service provider contracted by


DIBP, DIBP's medical officers, a medical officer from countries
hosting regional processing centres, or a medical professional
recognised by MOHW and working within the Taiwanese medical
system;
c. DIBP Officer means an officer with appropriate financial or
decision-making delegations to approve financial expenditure or
operational activities associated with a medical transfer, or an
officer or contractor responsible for executing that approval;
d. Personal Support Person means a person who is a dependant
and/or guardian/custodian and/or carer of the Person and may
accompany the Person for the duration (or part thereof) of their
medical care;
e. Professional Support Person means medical professionals,
interpreters or other appropriate persons who may accompany the
Person for the duration (or part thereof) of their medical care; and
f. Regional Processing Country/ ies means countries to which persons
have been transferred from Australia under Australia’s regional
processing arrangements, and, which have been notified in writing
to TECO as being countries that Australia requests TECO to
consider medical transfers from pursuant to this MOU.

Joint Determinations

4. The Participants jointly determine to:


a. conduct all activities under this MOU in accordance with
applicable laws; and
b. treat each individual with dignity and respect in accordance with
international human rights standards.5

5. Subject to paragraph 5 of Annex A the MOHW and the authorities


represented by TECO have the discretion to:
a. permit a Person who:

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i. is assessed by Medical Officers as requiring medical


treatment;
ii. is approved by DIBP officers to receive that medical
treatment in Taiwan; and
iii. consents to receipt of that medical treatment in
Taiwan;
to enter and temporarily stay in Taiwan for the purpose of
receiving that medical treatment;
b. permit that Person’s Personal Support Person(s) and/or
Professional Support Person(s), assessed by DIBP officers
and determined by the MOHW and the authorities
represented by TECO as necessary to accompany that
Person, to enter and temporarily stay in Taiwan for that
purpose; and
c, immediately following the conclusion of that medical
treatment, support the removal of the Person and his or her
Personal Support Person(s) and/or Professional Support
Person(s) to a Regional Processing Country.

6. The MOHW and the authorities represented by TECO determine that if


the Person described in sub-paragraph 5(a) is under the age of 20 years:

a. for the purpose of sub-paragraph 5(b), it is necessary that the


Person’s Personal Support Person(s) accompanies him or her;
and
b. he or she will be cared for with particular sensitivity and in
accordance with domestic child protection legislation.

7. DIBP will assist the Governments of Regional Processing Countries to


facilitate the temporary transfer to and from Taiwan of the Persons
assessed as needing medical treatment available in Taiwan and their
Personal Support Person(s) and/or Professional Support Person(s) as
needed as well as:

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a. pay the associated expenses of transportation;


b. pay accommodation, living and other ancillary costs of Personal
Support Person(s) and/or Professional Support Person(s); and
c. pay to the MOHW, the authorities represented by TECO, or to
the medical facility agreed by the Participants {including Taiwan
Adventist Hospital), the jointly determined reasonable costs of
the Person’s medical treatment and associated services, which
may include: hospital accommodation, medical and caregiving
staff services, medication, outpatient services, local transport,
daily maintenance, translation services, visa processing fees,
travel insurance and other ancillary services.

8. If a Person and/or his or her Personal Support Person(s) or Professional


Support Person(s) withdraws his or her consent to return to a Regional
Processing Country following the conclusion of medical treatment the
MOHW and the authorities represented by TECO will provide for his or
her removal under applicable domestic laws and in accordance with
international human rights standards.

Privacy

9. The Participants may, consistent with their domestic laws, including in


relation to privacy and security, disclose information or facilitate the
disclosure of information regarding the Persons and any accompanying
Personal Support Person(s) or Professional Support Person(s) for the
purpose of implementing this MOU.

10. Information shared under this MOU or any other arrangements made
pursuant to this MOU are confidential and the Participants undertake
not to use or disclose such information except in accordance with this
MOU, unless authorised or required by domestic law. After the
termination of this MOU, the Participants to this MOU undertake to

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destroy or return all information shared by the other Participant, unless


otherwise required by domestic laws,

11. The Participants acknowledge that the information shared under this
MOU is highly sensitive personal medical information and will take all
necessary steps in handling and storing that information.

Operational Guidelines

12. Operational guidelines for the implementation of this MOU are set out in
Annex A to this MOU, which is an integral part of this MOU.

13. For clarity, logistical arrangements for transport to and from Taiwan will
be the responsibility of DIBP in conjunction with the Government of the
relevant Regional Processing Country. Making the necessary
arrangements for entry [visas], health care and ancillary services
following arrival in Taiwan will be the responsibility of the MOHW, the
authorities represented by TECO and the medical facility agreed by the
Participants.

Disputes about Medical Care

14. If a dispute of a medical nature emerges as a result of the medical care


provided in Taiwan, the ensuing legal process for settlement will be
conducted within Taiwan in accordance with domestic processes and
laws.

Confidentiality, Status of Memorandum and Consultations

15. The terms and conditions of this MOU, and any Annex, will remain
confidential between the Participants unless required to be disclosed
under domestic law, as necessary in legal proceedings, or as otherwise
jointly determined.

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16. Any differences between the Participants over the interpretation or


application of this MOU will be resolved as soon as reasonably
practicable by consultation between the Participants.

Duration and Amendment

17. This MOU will come into effect on the date of signature by the
Participants and will remain in effect for a period of two years.
Extensions of this MOU may be confirmed by reciprocal exchange of
letters.

18. The Participants may jointly decide and provide advice in writing to
amend, extend, or terminate this MOU and any Annexes at any time.

19. Either Participant may unilaterally terminate this MOU with three
months’ prior notice in writing, having regard to the status of patients
receiving care at the time of notification.

Signed in duplicate at Canberra on this 12th day of September in the year


2017 in the English language.

FOR THE TAIPEI ECONOMIC AND


CULTURAL OFFICE IN AUSTRALIA

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ANNEX A:

OPERATIONAL GUIDELINES

supporting the
Memorandum Of Understanding Between The Taipei Economic And
Cultural Office In Australia And The Australian Office In Taipei On The
Medical Treatment In Taiwan Of Certain Persons Residing In
Regional Processing Countries

1, These Operational Guidelines ('Guidelines'} are an Annex to the Memorandum of Understanding


between the Taipei Economic and Cultural Office in Australia (TECO) and the Australian Office in
Taipei (AO) for the medical treatment in Taiwan of certain Persons residing in Regional
Processing Countries (the MOU).

2. The Guidelines set out the process by which a Person may be referred and transferred to Taiwan
for the purpose of medical treatment; the persons or organisations responsible for decision
making; the process of payment for services rendered by the medical facility (including Taiwan
Adventist Hospital) agreed by the Participants; and related matters.

ROLES & RESPONSIBILITIES

3. The MOHW and the authorities represented by TECO will be responsible for facilitating all
arrangements, or delegating the facilitation of any or all arrangements to the medical facility, for
medical care and associated matters within Taiwan as set out in these Guidelines, including but
not limited to:

3.1. transport of the Person and their Personal Support Person(s) and/or Professional Support
Person(s) from the airport at which they arrive in Taiwan to the medical facility, and within
Taiwan as needed; and

3.2, transport of the Person and Personal Support Person(s) and/or Professional Support
Person(s) to the airport from which they will depart Taiwan at the conclusion of medical
care.

4. For the purposes of this MOU, MOHW and the authorities represented by TECO in agreement
with DIBP represented by the AO have agreed Taiwan Adventist Hospital (TAH) to be the primary
facility which will provide medical services to Persons transferred from Regional Processing
Countries requiring medical care under the terms of this MOU. The services that the medical
facility (including the TAH) agreed by the Participants will provide include:

4.1. medical treatment for the Person, where 'medical treatment' refers to all aspects of
medical management, including medical and/or surgical care, allied health care including
physiotherapy, nursing care, meals, accommodation, interpreting services, and any other
care considered medically necessary by treating medical practitioners; and

4.2, all arrangements, including accommodation, transport, meals, insurance, per diem and
Interpreters as needed for the Personal Support Person(s) and/or Professional Support
Person(s),

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5. For the purposes of this MOU, DIBP Officers will be responsible for:

5.1, determining and referring individual cases for medical care in Taiwan, in support of, and In
consultation with, the respective Regional ProcessingCountry;

5.2, arranging transport for the Person and their Personal Support Person(s) and/or Professional
Support Person(s) as needed from the regional processing country, to the airport in Taiwan,
and returning them from that airport to a Regional Processing Country at the conclusion of
medical care; and

5.3, meeting reasonable costs incurred by Regional Processing Countries, the authorities
represented by TECO, MOHW, and the medical facility agreed by the Participants, in
meeting its responsibilities as set out in this MOU and these Guidelines.

5.3.1.This includes any reasonable ancillary costs payable to the medical facility agreed by
the Participants, including Taiwan Adventist Hospital; MOHW, and/or to the
authorities represented by TECO, for unforeseen costs which have been incurred in the
course of meeting the commitments under this MOU.

REFERRAL PROCESS

6. The requirement for a Person to be transferred from a Regional Processing Country for the
purpose of medical treatment will be determined by Medical Officers. DIBP Officers will
determine when a Person will be transferred to Taiwan for this purpose in accordance with
paragraph [5(a)(i)] of the MOU.

6.1. DIBP Officers, with advice from Medical Officers will determine which Personal Support
Person(s) and/or Professional Support Person(s) will accompany the Person requiring
treatment in accordance with paragraph [5(b)] of the MOU as appropriate to each
individual case and the patient themselves.

6.2. The details of the Person, those Personal Support Person(s) and/or Professional Support
Person(s) to be accompanying the individual as needed will be provided by DIBP to the
authorities represented by TECO and the medical facility agreed by the Participants. The
medical facility will review and decide whether to receive the Person. Once the medical
facility agrees to receive the Person, the authorities represented by TECO will review and
decide whether to approve this list prior to issuing a visa to the Person and his or her
subsequent transfer, and prior to issuing a visa to and subsequent transfers of the Personal
Support Person(s) or Professional Support Person(s) who will accompany the Person.

6.3. DIBP, the medical facility agreed by the Participants, including Taiwan Adventist Hospital,
and the authorities represented by TECO undertake that these approval processes will have
regard to the urgency of the medical case in question,

7. Consistent with paragraphs 22 to 24 of this Annex, Medical Officers and DIBP Officers will ensure
that the Person has consented to the medical treatment in Taiwan and to the provision of their
personal medical information to/from the authorities represented by TECO and the medical
facility agreed by the Participants, noting this is for the specific purpose of clinical handover and
to ensure continuity of care.

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TRAVEL ARRANGEMENTS

Travel Documentation & Visas

8. Persons transferred for medical treatment; and any Personal Support Person(s) or Professional
Support Person(s) will travel on:

8.1. Where available, their personal passport.

8.2. Those who are not in possession of a valid passport will travel on a Titre de Voyage, a
Statement of Identity and/or a Certificate of Identity issued by DIBP or by the Regional
Processing Country.

9. The Person travelling to Taiwan will require a visa which will be facilitated and determined by
the authorities represented by TECO.

10. Depending on the purpose for which they are accompanying the Person, Personal Support
Person(s) and/or Professional Support Person(s) will also require a visa, unless eligible to enter
Taiwan under a visa exemption.

11. All visa(s) will be facilitated and determined by the authorities represented by TECO. The
authorities represented by TECO will provide a visa application, process and requirements with
prior notice.

Transport £ Flights

12. DIBP or parties contracted to DIBP will be responsible for facilitating all travel arrangements
from points within a Regional Processing Country, up to arrival at the airport in Taiwan.

13. From the point of arrival at the airport in Taiwan, the medical facility agreed by the Participants
will be responsible for making ail appropriate arrangements for transport of the Person and
those accompanying him or her within Taiwan.

14. At the completion of treatment, the medical facility agreed by the Participants will likewise be
responsible for transport of the Person and those accompanying him or her back to the airport
in Taiwan.

15. DIBP will assist a Regional Processing Country to facilitate the return flight arrangements
departing Taiwan, and transport of the Person and their Personal Support Peron(s) and/or
Professional Support Person(s) back to their respective points of origin.

Removal from Taiwan

16. In accordance with [paragraphs 7 and 8] of the MOU, DIBP undertakes to use best efforts,
working with the authorities represented by TECO and the Government of the Regional
Processing Country, to ensure the departure of the Person, and of all Personal Support Person(s)
and/or Professional Support Person(s), from Taiwan and to arrange the Person's return to the
Regional Processing Country.

17. Where there is a dispute or difficulty in arranging the Person's departure, or that of any Personal
Support Person(s) and/or Professional Support Person(s), DIBP undertakes to provide all support
possible to facilitate the removal of the individual from Taiwan and to meet jointly determined
costs incurred as part of this process.

INFORMATION SHARING

18. After obtaining the Person's informed consent, appropriate medical documentation will be
provided in English by Medical Officers responsible for the Person in the Regional Processing

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Country. Documentation will cover the current problem and treatment needs, along with
investigation results and a summary of relevant past history, current medications and allergies.
All efforts will be made to fully communicate the medical requirements and history of the
Person in advance of their transfer to Taiwan, with the informed consent of the Person,
consistent with the respective legal requirements which apply in the Regional Processing
Countries, Australia, and Taiwan.

18.1. Wherever possible, this information will be provided in advance to medical professionals
in Taiwan.

18.2. Where privacy laws preclude the sharing of specific medical documentation in advance of
the trip, the Person will travel with their medical documentation and hand it over to
Medical Professionals at the medical facility agreed by the Participants.

18.3. The same process will be followed by the medical facility agreed by the Participants to
provide updated medical records back to the Regional Processing Country and Australia,

18,3.1. At the conclusion of medical treatment, the medical facility agreed by the
Participants will provide a full medical record/report in English, along with copies of all
investigations, procedures, laboratory reports, specialist advice, operation reports,
medication lists and any other medical record to DIBP Officers and Medical Officers
involved in the original referral.

19. In cases where the Person receiving treatment should be accompanied by an interpreter, who
will be arranged and paid for by the DIBP, the interpreter will be bound by all standards of
medical confidentiality appropriate to their position.

20. The medical facility agreed by the Participants and the authorities represented by TECO will
provide written evidence to DIBP that the Person provided informed consent to receive
treatment. At the conclusion of treatment, written records of the medical treatment provided
and any ongoing medical requirements will be shared With DIBP and the medical authorities in
the Regional Processing Country from which the Person travelled consistent with paragraphs [9
to 11] of the MOU.

CONSENT

Consent to Travel for the Purpose of Medical Treatment

21. DIBP Officers or Medical Officers in the Regional Processing Country will obtain the written
consent from the Person to facilitate their travel to and from Taiwan for the purpose of medical
treatment.

21.1. Where necessary, professional Interpreters must be used to ensure the Person can
provide informed consent.

21.2. In circumstances where the Person is unable to give consent for travel, the next of kin or
guardian will be able to give this consent. Such consent may also be given by an individual
nominated in writing by the Person when capable of giving consent.

Consent to Information Sharing

22. Medical Officers in the Regional Processing Country will obtain the Person's written consent to
share their personal information and medical records with the authorities represented by TECO
or medical professionals in Taiwan (as appropriate).

22.1. Where necessary, professional interpreters must be used to ensure the Person can
provide informed consent.

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Consent to Receive Medical Treatment

23. Medical professionals in Taiwan will obtain the Person's written consent before commencing
treatment.

23.1. Where necessary, professional interpreters must be used to ensure the Person can
provide informed consent to the treatment.

24. In circumstances where the Person is unable to give consent to the medical treatment, in
accordance with the domestic processes and laws of Taiwan, the next of kin, accompanying
family member or guardian will be able to give this consent.

MEDICAL TREATMENT

25. Responsibility for medical care and appropriate decision making will rest with the Medical
Officers appointed by the jurisdiction that the Person requiring care is in at any point in time.

25.1. Prior to and during the international flight transfer, Medical Officers under contract to
DIBP on behalf of the Regional Processing Countries will be responsible for medical care
and appropriate decision making.

25.2. Once the Person has been transferred to the care of the medical facility agreed by the
Participants, Medical Professionals appointed by the medical facility agreed by the
Participants will be responsible for medical care and appropriate decision making.

25.3. All authorities will have regard to the choices and views of the Person receiving the
medical care.

25.4. If at any point there is a dispute about the quality or duration of care, each Participant
commits to working together with best intentions to ensure as far as possible the most
appropriate health outcome for the Person requiring medical care.

MEDICAL DISPUTE RESOLUTION

26. Any disputes arising from the medical care provided in Taiwan, whether raised by the Person,
either Participant, or other person or organisation, will firstly be managed in accordance with
the existing dispute resolution procedures of the medical facility agreed by the Participants.
DIBP will be represented in all discussions as the Participant with financial responsibility.

27. Where disputes cannot be resolved in accordance with existing dispute resolution procedures of
the medical facility agreed by the Participants, the ensuing legal process must be conducted
within Taiwan in accordance with domestic processes and laws.

PAYMENT

28. In advance of a transfer occurring, DIBP Officers will seek advice from the medical facility agreed
by the Participants on estimated and, where possible, itemised costs of care for the Person in
question, and associated expenses.

28.1. A funding envelope for each case will be jointly determined in advance of the transfer,
having regard to the urgency of the medical care required, and recognising the possibility
that the costs of care may differ over time depending on medical necessity.

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29. At the conclusion of treatment, the medical facility agreed by the Participants, will provide a full
accounting of all expenses incurred in providing care and facilities for the Person and their
Personal Support Person(s) and/or Professional Support Person(s).

29.1. This should be provided with substantiating evidence of the original expenditure.

30. DIBP will reimburse the medical facility agreed by the Participants for jointly determined costs
incurred in the process of providing treatment for the Person and associated costs for any
accompanying Personal Support Person(s) and Professional Support Person(s).

31. In cases where the medical treatment extends beyond the duration of one month, DIBP
undertakes to pay the expenses incurred on a monthly basis in arrears for as long as treatment is
required.

31.1. Payment will be made monthly, on provision of complete accounts and a correctly
rendered invoice to DIBP:

Department of Immigration and Border Protection

Services Management Branch

Detention.health.financePborder,gov.au

REPORTING

32. During the Person's time in Taiwan, the medical facility agreed by the Participants will provide
regular updates to all relevant Medical Officers, DIBP Officers and responsible officers from the
MOHW and authorities represented by TECO (as appropriate to the individual case and the
duration of the treatment).

33. At the conclusion of treatment, a full record in English of all medical care provided to that
Person, and any ongoing follow up care that is required (the 'Discharge Note'), will be provided
to all relevant Medical Officers, DIBP Officers and responsible officers from the MOHW and
authorities represented by TECO as appropriate.

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