The Claim
“Declared that they will violate a new law, because they don't like it.”
Original Sources Provided
✅ FACTUAL VERIFICATION
Scott Morrison did make statements about ignoring a refugee-related law, but the specifics require careful examination. On February 4, 2019, Morrison told Sky News host Alan Jones that he would "simply ignore it and we'll get on with business" regarding the Medical Evacuation Bill (Medevac Bill) [1]. This statement was made after Parliament voted to pass the Medevac Bill—legislation that granted doctors authority to recommend medical evacuation of asylum seekers from offshore detention centers on Nauru and Manus Island to Australia for treatment [2].
However, Morrison's actual response was more complex than simple defiance. After losing the parliamentary vote on February 4, 2019, Morrison's government reopened the Christmas Island detention center in response [3]. Rather than openly violating the Medevac law, the government used this facility as a destination for medically evacuated refugees instead of mainland hospitals, thereby circumventing the law's intended purpose [4]. Between February and December 2019, approximately 179-192 asylum seekers were transferred under the Medevac Bill [5]. Ultimately, rather than openly defying the law, Morrison's government repealed the Medevac Bill entirely in December 2019 [6].
Missing Context
The claim presents Morrison's initial statement without important context about what actually transpired:
The Medevac Bill's Origins and Intent: The bill was introduced after the Australian Medical Association and international medical organizations documented serious health consequences from offshore detention, including untreated mental health crises, infections, and chronic conditions [2]. The bill required doctors—not politicians—to make evacuation recommendations based on medical grounds.
Morrison's Political Framing: Morrison made false claims about the bill's consequences, stating it would force Australia to accept "paedophiles and rapists" [7]. The Australian Medical Association rejected these claims, noting that under international refugee law, persons with serious criminal convictions cannot be granted refugee status [8]. This was political theatre rather than legitimate legal analysis.
What Actually Happened vs. the Claim: The claim suggests Morrison simply violated the law. In reality, Morrison's government circumvented the law's intent through the Christmas Island strategy, then repealed it entirely [6]. This represents undermining through legal process (repeal) rather than open defiance of an enacted law.
Labor's Comparable Positions: Labor also pursued offshore detention policies during their government (2007-2013). Labor closed Nauru in 2007 but opened Christmas Island detention in 2008 and expanded it [9]. Under Rudd, Labor implemented the Regional Resettlement Arrangement, transferring asylum seekers to Manus Island and PNG [10]. While Labor later campaigned on "strong on borders, not weak on humanity," their historical record includes similar detention practices [10]. This suggests offshore detention represents a bipartisan approach to asylum policy rather than uniquely Coalition overreach.
International Legal Obligations: The UN Human Rights Committee in 2025 ruled that Australia remains responsible for arbitrary detention in its offshore facilities, finding violations of the International Covenant on Civil and Political Rights [11]. However, these obligations exist under international law rather than Australian domestic law, which complicates questions of legal violation versus policy disagreement.
Source Credibility Assessment
The original sources are both from SBS News, a credible mainstream Australian public broadcaster with a reputation for balanced reporting. SBS has no systematic partisan bias, though it does provide in-depth coverage of refugee and immigration issues. The first source directly quotes Morrison on air (Sky News), which is a primary source. The second source reports on Kerryn Phelps' criticism of the government's response, which is legitimate reporting of political opposition but should be understood as presenting an opposition perspective rather than objective analysis.
The claim should also be understood in context: it comes from mdavis.xyz, a Labor-aligned source, meaning the selection and framing of this claim may emphasize aspects that present the Coalition negatively.
Labor Comparison
Did Labor do something similar?
Search conducted: "Labor government offshore detention circumventing law"
Finding: Labor pursued different but comparable offshore detention policies. Rather than threatening to ignore laws, Labor implemented the Regional Resettlement Arrangement under legislation in 2013 [10]. However, Labor's approach also faced criticism from refugee advocates for circumventing humanitarian obligations [9].
More directly comparable: When Labor pursued mandatory detention and PNG processing, they did so through legal frameworks rather than threatening to defy laws. The difference is one of method (legislative change vs. threatened defiance), not necessarily substance (both pursued offshore detention strategies).
Current Labor Position (since 2022): The Albanese Labor government has shifted policy, granting visas to previously stranded families like the Biloela family who spent years in detention [12]. However, this occurred after winning office, not through preventing offshore detention while in opposition.
Key Difference: Labor changed detention policy once in power; Morrison maintained it while threatening legal defiance. This suggests differing political calculations rather than fundamentally different views on offshore detention.
Balanced Perspective
While critics argue that Morrison's statement represents undemocratic defiance of Parliament and circumventing legal obligations to vulnerable people [13], the government's actual actions were more legally complex than the claim suggests:
The Government's Perspective: Morrison believed the Medevac Bill was dangerous policy that would undermine border security and refugee deterrence [1]. His political strategy was to (1) oppose it publicly, (2) claim it would cause catastrophic outcomes, (3) circumvent its intent through Christmas Island, and (4) repeal it once his government had parliamentary numbers in December 2019 [6]. This represents robust political opposition using legitimate legislative process, even if the strategies employed were controversial.
Critical Assessment: Refugee advocates and human rights organizations characterized the Christmas Island reopening as "theatre" designed to frustrate the law's implementation without openly defying it [14]. The $185 million spent on reopening the facility (including renovations that had to be completed) was criticized as wasteful given the facility was only used for 10 months before the law's repeal [14].
Key Context: This occurred in 2019, during a period when bipartisan support for offshore detention was stronger. By 2022-2024, community and international pressure had shifted, leading Labor to change course. This suggests public and international opinion changed the political calculus more than systematic Coalition wrongdoing.
The Legal/Constitutional Question: Whether Morrison actually "violated" a law is a technical legal question. He threatened to ignore the law, his government circumvented its intent, but did not prosecute people in violation of its terms. The government ultimately used parliamentary process (repeal) rather than defiance. From a constitutional perspective, this is legally different from violation, though politically it represents the same outcome for asylum seekers.
PARTIALLY TRUE
6.0
out of 10
Morrison did declare he would ignore the Medevac Bill and stated his opposition in clear terms: "I will simply ignore it and we'll get on with business" [1]. However, the characterization of what occurred oversimplifies the actual events. Rather than openly violating the law, Morrison's government circumvented its intent through Christmas Island strategy, then repealed it in December 2019 [6]. This represents undermining through legal/political process rather than direct law violation. The claim conflates Morrison's initial provocative statement with what actually occurred, which was more complex. Additionally, Labor pursued comparable offshore detention policies during their government, suggesting this represents a bipartisan approach to asylum policy rather than uniquely Coalition wrongdoing.
Final Score
6.0
OUT OF 10
PARTIALLY TRUE
Morrison did declare he would ignore the Medevac Bill and stated his opposition in clear terms: "I will simply ignore it and we'll get on with business" [1]. However, the characterization of what occurred oversimplifies the actual events. Rather than openly violating the law, Morrison's government circumvented its intent through Christmas Island strategy, then repealed it in December 2019 [6]. This represents undermining through legal/political process rather than direct law violation. The claim conflates Morrison's initial provocative statement with what actually occurred, which was more complex. Additionally, Labor pursued comparable offshore detention policies during their government, suggesting this represents a bipartisan approach to asylum policy rather than uniquely Coalition wrongdoing.
📚 SOURCES & CITATIONS (14)
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1
SBS News: Scott Morrison vows to ignore vote on 'stupid' refugee bill
Prime Minister Scott Morrison has denied losing a vote on a "stupid bill" relating to refugees could push his government into a constitutional crisis.
SBS News -
2
The Conversation: Morrison plays scare card on medical transfer bill
Morrison declares the amendments, based on a proposal from independent Kerryn Phelps, would leave the government powerless to stop the entry of a paedophile, rapist or murderer.
The Conversation -
3
Al Jazeera: Australia to reopen offshore detention camp after losing vote
PM Scott Morrison reiterates need for hostile approach to asylum seekers, after medical evacuation law passed.
Al Jazeera -
4
The Conversation: Explainer - the medevac repeal and what it means
Now that medevac has been repealed, people will once again rely on ministerial discretion for a medical transfer.
The Conversation -
5
SBS News: 'It's theatre': Refugee advocates say $185m wasted on reopening Christmas Island
The Christmas Island detention centre would close by July if Morrison's government is re-elected, just months after Scott Morrison warned it was necessary to deal with a flood of sick refugees.
SBS News -
6
Al Jazeera: 'Dark day': Australia repeals medical evacuation for refugees
Government secures repeal of medical evacuation legislation for people held offshore, triggering angry condemnation.
Al Jazeera -
7
SBS News: Kerryn Phelps blasts plan to send sick refugees to Christmas Island
The government has confirmed its "default position" will be to send sick refugees to Christmas Island.
SBS News -
8
The Conversation: Fact-checking the government's medevac claims
Soft robots printed in the home? Not as far off as you might think.
The Conversation -
9
Parliamentary Library: A comparison of Coalition and Labor government asylum policies
Research
Aph Gov -
10
Refugee Council of Australia: Asylum Policies Overview
How does Australia treat people seeking asylum? This provides an overview of Australia's asylum policies.
Refugee Council of Australia -
11
UN Human Rights Committee: Australia responsible for arbitrary detention
Ohchr
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12
ABC News: Biloela family visas granted
Follow the latest headlines from ABC News, Australia's most trusted media source, with live events, audio and on-demand video from the national broadcaster.
Abc Net -
13
Human Rights Law Centre: Medevac bill analysis
The Human Rights Law Centre takes fearless human rights action for a fairer future for all. We advance human rights in partnership with people and communities.
Human Rights Law Centre -
14
The Guardian: Christmas Island detention reopening analysis
Theguardian
Rating Scale Methodology
1-3: FALSE
Factually incorrect or malicious fabrication.
4-6: PARTIAL
Some truth but context is missing or skewed.
7-9: MOSTLY TRUE
Minor technicalities or phrasing issues.
10: ACCURATE
Perfectly verified and contextually fair.
Methodology: Ratings are determined through cross-referencing official government records, independent fact-checking organizations, and primary source documents.