Health Insurance (Eligible persons and citizens of Malta) Order 2017

Overview

The Australian Government Health Insurance Act 1973 is a piece of legislation enacted to ensure that Australians have access to affordable and efficient healthcare services. The Act was introduced to address gaps in health coverage and to facilitate the provision of health insurance benefits to eligible persons. This particular notifiable instrument, the Health Insurance (Eligible persons and citizens of Malta) Order 2017, was enacted by the Minister for Health, Greg Hunt, under subsection 6(1) of the Act. This order was introduced to address an anomaly in the Australia-Malta Reciprocal Health Care Agreement, ensuring that citizens of Malta who are lawfully present but not ordinarily resident in Australia are eligible for Medicare upon arrival in Australia while on a visa exceeding six months. The policy objective is to provide an interim measure to address this inconsistency and ensure that eligible Maltese citizens receive appropriate healthcare coverage.

Scope and Application

The Health Insurance (Eligible persons and citizens of Malta) Order 2017 is a legislative instrument issued under the Health Insurance Act 1973. It specifies that Maltese citizens who are not ordinarily resident in Malta but are lawfully present in Australia will be treated as eligible persons for Medicare for a period not exceeding six months after their arrival in Australia. This Order applies to individuals who hold a current Maltese passport or Identity Card, are not on a student visa under the Migration Act 1958, and are not ordinarily resident in Australia. This measure aims to address an interim anomaly within the Australia-Malta Reciprocal Health Care Agreement, ensuring that eligible Maltese citizens receive Medicare benefits upon their entry into Australia on a visa exceeding six months. The Order came into effect from the date of signature and is effective as a temporary solution until the reciprocal agreement is fully aligned.

Key Provisions

The primary operative sections of the Health Insurance (Eligible Persons and Citizens of Malta) Order 2017 (section (a) in the text) establish that Maltese citizens who are not ordinarily resident in Malta but are lawfully present in Australia are treated as eligible persons under the Health Insurance Act 1973 for a period not exceeding six months after their last entry into Australia. This applies to individuals who hold a current Maltese passport or identity card, are not holders of a student visa under the Migration Act 1958, and are not ordinarily resident in Australia. The order aims to address an anomaly in the Australia-Malta Reciprocal Health Care Agreement by ensuring that certain Maltese citizens can access Medicare services during their stay in Australia. The obligations imposed by this order are primarily administrative. Eligible persons under the order must ensure they possess a current Maltese passport or identity card and must be able to demonstrate their lawful presence in Australia. Additionally, they need to prove that they are not holders of a student visa under the Migration Act 1958 and are not ordinarily resident in Australia. This is to ensure that the eligibility criteria specified in the order are met. The order also stipulates that it comes into effect from the date of signature, which in this case is 26 October 2017. This means that from that date, the provisions outlined in the order are applicable to the specified class of Maltese citizens. The purpose of this interim measure is to provide a temporary solution until a more permanent arrangement is established through legislative amendments or other means. The Health Insurance (Eligible Persons and Citizens of Malta) Order 2017 does not explicitly state any offences, penalties, or consequences for breach. However, it is important to note that any misuse of the provisions or misrepresentation of eligibility could potentially lead to legal consequences under the Health Insurance Act 1973 or other related legislation. Given that this order is intended to address a specific anomaly in the reciprocal health care agreement, non-compliance might result in denial of Medicare benefits or other administrative penalties as prescribed by the Act.