Health ref. no. 820
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible citizens of Malta) Order 2023
I, Daniel McCabe, First Assistant Secretary, Medicare Benefits and Digital Health Division, delegate for the Minister for Health and Aged Care, pursuant to subsection 6(1) of the Health Insurance Act 1973 (‘the Act’), hereby:
(1) REVOKE the Health Insurance (Eligible persons and citizens of Malta) Order 2022, made on 11 March 2022; and
(2) DECLARE that every person included in the class of persons specified in section (3) who, but for this Order, would not be an eligible person for the purposes of the Act shall, for the period from 11 May 2023 until the end of the period of six months after the person’s last entry to Australia be treated as having been or as being an eligible person for the purposes of the Act.
(3) The class is each person who:
(a) is a citizen of Malta who is ordinarily resident therein; and
(b) is a holder of a current Maltese passport or a current Identity Card issued under the Identity Card Act 1975, or included as a dependent in any of those documents; and
(c) is not a person who is the holder of a student visa under the Migration Act 1958 and its Regulations; and
(d) is lawfully present in Australia.
(4) This Order shall have effect from 11 May 2023
Dated this day of 11 May 2023
Daniel McCabe
First Assistant Secretary
Medicare Benefits and Digital Health Division
Health Resourcing Group
Department of Health and Aged Care
ATTACHMENT – STATEMENT OF REASONS
Health Insurance Act 1973
Class Order under Subsection 6(1)
Health Insurance (Eligible citizens of Malta) Order 2023
ORDER NO: 820
DATE OF ORDER: 11 May 2023
RELATED ORDERS: 796, 810, 813, 816
NAME OF PERSON OR GROUP: Maltese citizens
REASONS FOR APPROVAL:
To ensure that citizens of Malta who are otherwise eligible for treatment under the Australia-Malta Reciprocal Health Care Agreement and lawfully present in Australia, are eligible for Medicare upon arrival in Australia for six months.
This is an interim measure to address an anomaly in the Australia-Malta Reciprocal Health Care Agreement. Currently, the agreement does not permit a person entering Australia on a visa exceeding a six month period to be eligible for Medicare.
Overview
The Australian Government Health Insurance Act 1973 was enacted to establish a national health insurance scheme, Medicare, providing Australians with access to essential health services. The Health Insurance (Eligible citizens of Malta) Order 2023 was introduced to address an interim gap in the Australia-Malta Reciprocal Health Care Agreement, which previously did not allow certain Maltese citizens, specifically those entering Australia on a visa exceeding six months, to be eligible for Medicare immediately upon arrival. This order was enacted by Daniel McCabe, the First Assistant Secretary of the Medicare Benefits and Digital Health Division, on behalf of the Minister for Health and Aged Care. The policy objective of this order is to ensure that eligible Maltese citizens who are lawfully present in Australia are treated as eligible persons for Medicare for a period of six months from their entry into Australia, thereby facilitating access to essential health services during their stay.
Scope and Application
The Health Insurance (Eligible citizens of Malta) Order 2023 applies to citizens of Malta who are ordinarily resident in Malta, are holders of a current Maltese passport or a current Identity Card issued under the Identity Card Act 1975, or are included as dependents in any of those documents, and are not holders of a student visa under the Migration Act 1958 and its Regulations. This Order provides these eligible Maltese citizens with access to Medicare for a period of six months from their arrival in Australia. This measure is intended to address a discrepancy in the Australia-Malta Reciprocal Health Care Agreement, which does not currently permit individuals entering Australia on a visa exceeding six months to be eligible for Medicare. The Order revokes the previous Health Insurance (Eligible persons and citizens of Malta) Order 2022 and is effective from 11 May 2023. It is a Commonwealth instrument made under the Health Insurance Act 1973 and has no stated exclusions or exemptions beyond those outlined in the Order itself.
Key Provisions
The Health Insurance (Eligible citizens of Malta) Order 2023 (F2023N00111) revokes the Health Insurance (Eligible persons and citizens of Malta) Order 2022 (No. 796) and declares that eligible citizens of Malta will be treated as eligible persons for Medicare purposes for six months following their arrival in Australia, starting from 11 May 2023. This applies to Maltese citizens who are ordinarily resident in Malta, hold a current Maltese passport or Identity Card, are not on a student visa, and are lawfully present in Australia. This measure ensures that Maltese citizens, who are otherwise eligible under the Australia-Malta Reciprocal Health Care Agreement, can access Medicare services during their stay in Australia, even if their visa is for more than six months.
The Act imposes several obligations on the parties it governs. Firstly, it requires Maltese citizens who meet the specified criteria to be treated as eligible for Medicare for six months from their arrival in Australia. This includes ensuring that these individuals can access Medicare services as if they were Australian citizens or permanent residents. Secondly, the Act mandates that this treatment applies only to those Maltese citizens who are not on a student visa, are lawfully present in Australia, and meet the other specified criteria. Thirdly, the Act requires that this order be effective from 11 May 2023 and that the previous order be revoked.
Failure to comply with the provisions of this Order could lead to legal consequences for those who do not adhere to the specified eligibility criteria. While the Order does not explicitly state penalties for non-compliance, breaches of the Health Insurance Act 1973 could result in civil or criminal penalties under the broader legislative framework. These penalties could include fines or imprisonment, depending on the nature and severity of the breach. The maximum penalties for breaches of the Health Insurance Act 1973 could potentially be substantial, reflecting the importance of ensuring compliance with Medicare eligibility requirements.