Health Services (Fees and Charges) Amendment Order (No. 2) 2023 (WA)

2 May 2023 GOVERNMENT GAZETTE, WA 907

HEALTH

HE301

Health Services Act 2016

Health Services (Fees and Charges) Amendment

Order (No. 2) 2023

SL 2023/34

Made by the Minister under section 56 of the Act.

1.   Citation

This order is the Health Services (Fees and Charges)

Amendment Order (No. 2) 2023.

2.   Commencement

This order comes into operation as follows —

(a)	clauses 1 and 2 — on the day on which this order is published in the Gazette;
(b)	the rest of the order — on the day after that day.

(Commonwealth) section 35A(3); or

3. Order amended

This order amends the Health Services (Fees and Charges)

Order 2016.

4. Clause 3 amended

(1) In clause 3(1) insert in alphabetical order:

asylum seeker means a person —

(a) who has applied for —

(i)      a permanent protection visa within the meaning of the Migration Act 1958 (Commonwealth) section 35A(2); or

(ii)    a temporary protection visa within the meaning of the Migration Act 1958

908 GOVERNMENT GAZETTE, WA 2 May 2023

(iii) a safe haven enterprise visa within the

meaning of the Migration Act 1958 (Commonwealth) section 35A(3A);

and

(b) whose visa application referred to in
paragraph (a) has not yet been decided;

compensable patient means any of the following

(a)	a compensable day patient;
(b)	a compensable in-patient;
(c)	a compensable out-patient;
(d)	a compensable same day patient;

involuntary patient

has the meaning given in who

subclause (3);

(a)	is an asylum seeker; and
(b)	is not an eligible person; and
(c)	is not a compensable patient;

Medicare ineligible involuntary patient means a person who

(a)	is an involuntary patient; and
(b)	is not an eligible person; and
(c)	is not a compensable patient;

(2)	In clause 3(1) in the definition of day patient delete "11(b);" and insert:
11 (1)(b);

(3)	In clause 3(1) in the definition of out-patient delete "11(c);" and insert:
1 l(1)(c);
(4)	In clause 3(1) in the definition of sanie day patient delete "11(d);" and insert:
ll(l)(d);

2 May 2023 GOVERNMENT GAZETTE, WA 909

(5)	After clause 3(2) insert:
(3) A person is an involuntary patient if—

(a)	the person is under an inpatient treatment order as defined in the Mental Health Act 2014 section 4; or
(b)	the person is under a community treatment order as defined in the Mental Health Act 2014 section 4; or
(c)	the person is under another order under the Mental Health Act 2014 under which they are, or may be, detained; or
(d)	the person has been referred under the Mental Health Act 2014 section 26(2) or (3)(a) and

(i)     the referral has not expired; and

(ii)     the referral has not been revoked under the Mental Health Act 2014 section 31; and

(iii)     the examination referred to in the Mental Health Act 2014 section 26(1) has not been conducted;

or

(e) the person has been referred under the Mental
Health Act 2014 section 36(2) and

(i)     the referral has not expired; and

(ii)     the referral has not been revoked under the Mental Health Act 2014 section 37; and

(iii)     the examination referred to in the Mental Health Act 2014 section 3 6(2)

has not been conducted.

5.            Clause 6A inserted

After clause 6 insert:

6A.	Medicare ineligible patients
Despite any other provision of this Part, no fees or charges are payable in respect of a health service provided to

(a)	a Medicare ineligible asylum seeker; or
(b)

a Medicare ineligible involuntary patient as part Act 2014.

910 GOVERNMENT GAZETTE, WA 2 May 2023

6.      Clause 11 amended

(1)	In clause 11 delete "For" and insert:
(1) Subject to subclause (2), for
(2)	At the end of clause 11 insert:
(2) For the purpose of a service provided in respect of a

patient by, in or at a hospital, the patient does not need

to be classified under subclause (1) if the patient is

(a)	a Medicare ineligible asylum seeker; or
(b)	a Medicare ineligible involuntary patient and
the service is provided as part of their treatment under the Mental Health Act 2014.

7.      Clause 15 amended

Delete clause 15(2)(e) and insert:

(e) an ineligible same day patient, namely, a same
day patient

(i)who is not an eligible person; and

(ii) who is not a compensable same day

patient.

A. SANDERSON, Minister for Health.