Health ref. no. 813
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons and citizens of Malta) Order 2020
I, Liz Dowd, delegate for the Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (‘the Act’), hereby DECLARE that:
(1) 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 17 March 2020 until the later of:
(a) the end of the period of six months after the person’s last entry to Australia; or
(b) the end of the period for which a human biosecurity emergency is declared under section 475 of the Biosecurity Act 2015 in relation to human coronavirus with pandemic potential;
be treated as having been or as being an eligible person for the purposes of the Act.
(2) Where:
(a) a person is in the class of persons specified in section (3) and, but for this Order, would not be an eligible person for the purposes of the Act; and
(b) that person was provided with necessary medical treatment in Australia on or before the end of the period in section (1); and
(c) it is necessary for the treatment to continue after the end of that period;
that person shall be treated as having been or being an eligible person for the purposes of the Act for the period during which that further treatment is necessary.
(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 but not ordinarily resident in Australia.
(4) This Order revokes the Health Insurance (Eligible persons and citizens of Malta) Order 2017 made on 26 October 2017.
(5) This Order shall have effect from the date of signature.
Dated this 27th day of March 2020
Liz Dowd
Assistant Secretary
MBS Policy and Specialist Services Branch
Department of Health
ATTACHMENT – STATEMENT OF REASONS
Health Insurance Act 1973
Class Order under Subsection 6(1)
Health Insurance (Eligible persons and citizens of Malta) Order 2020
ORDER NO: 813
DATE OF ORDER: 2020
RELATED ORDERS: 810
NAME OF PERSON OR GROUP: Maltese citizens
REASONS FOR APPROVAL:
Citizens of Malta who are lawfully present in Australia but not ordinarily resident in Australia are eligible for Medicare upon arrival in Australia, while on a visa that exceeds 6 months and also during the period for which a biosecurity emergency is declared in relation to COVID-19.
This is an interim measure to:
(a) 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 6 month period to be eligible for Medicare; and
(b) enable certain Maltese citizens in Australia during the COVID-19 pandemic to be eligible for Medicare, and to retain eligibility to continue necessary medical treatment commenced while in Australia.
Overview
The Australian Government Health Insurance Act 1973 was enacted to provide for the scheme of health insurance in Australia, commonly known as Medicare. This Act was introduced to address the need for a comprehensive health insurance system that ensures Australians have access to essential medical services. The Parliament of Australia enacted this legislation to establish a universal health care system that is accessible to all eligible residents. The primary policy objective of the Act is to provide equitable access to health services, ensuring that all eligible Australians can access necessary medical care without financial hardship. The Health Insurance (Eligible persons and citizens of Malta) Order 2020 was subsequently introduced as a notifiable instrument to amend the eligibility criteria for certain Maltese citizens during the COVID-19 pandemic, addressing an anomaly in the Australia-Malta Reciprocal Health Care Agreement and ensuring continued access to medical treatment for affected individuals.
Scope and Application
The Health Insurance (Eligible persons and citizens of Malta) Order 2020 is a notifiable instrument issued under the Health Insurance Act 1973 by the Minister for Health, amending eligibility criteria for Medicare benefits for Maltese citizens in Australia. This Order applies to Maltese citizens who are lawfully present in Australia but not ordinarily resident, and who hold a current Maltese passport or Identity Card, excluding those on a student visa under the Migration Act 1958. The eligibility for Medicare coverage under this Order is temporary and contingent on the duration of their stay in Australia and the period for which a human biosecurity emergency is declared due to COVID-19, which may extend until six months post their last entry to Australia or the end of the biosecurity emergency period, whichever is later. The Order revokes the previous Health Insurance (Eligible persons and citizens of Malta) Order 2017, effective from the date of signature, 27 March 2020.
Key Provisions
The Health Insurance (Eligible persons and citizens of Malta) Order 2020 under the Health Insurance Act 1973, signed on 27 March 2020, aims to address an anomaly in the Australia-Malta Reciprocal Health Care Agreement and provide interim eligibility for Medicare to certain Maltese citizens during the COVID-19 pandemic. According to section (1) of the Order, Maltese citizens who are ordinarily resident in Malta, possess a current Maltese passport or Identity Card, and are not on a student visa, but are lawfully present in Australia, will be treated as eligible persons for Medicare for up to six months from their arrival in Australia or until the end of the declared human biosecurity emergency, whichever is later. This eligibility extends to those who have already received necessary medical treatment in Australia and need continued treatment, as outlined in section (2).
Under the obligations of the Act, the key requirement is that eligible Maltese citizens must not be holders of a student visa under the Migration Act 1958 and must not be ordinarily resident in Australia. This ensures that the Order specifically targets the intended demographic of Maltese citizens temporarily in Australia. Furthermore, section (4) of the Order revokes the previous Health Insurance (Eligible persons and citizens of Malta) Order 2017, establishing the 2020 Order as the current regulatory framework governing the eligibility of Maltese citizens for Medicare during the COVID-19 pandemic.
In terms of potential breaches, the legislation does not explicitly detail offences or penalties within the Order itself. However, under the Health Insurance Act 1973, general provisions regarding penalties apply. For example, section 67A of the Act allows for fines of up to $16,200 for fraudulent or misleading statements made to obtain benefits, and section 67C imposes penalties for breaches of privacy and confidentiality obligations. It is also important to note that any misuse of Medicare benefits could lead to criminal charges under the Commonwealth Criminal Code Act 1995, with penalties varying according to the severity of the offence.