Health Insurance (Eligible persons and citizens of Malta) Order 2022

Overview

The Australian Government Health Insurance Act 1973, enacted by the Australian Parliament, is a piece of legislation aimed at ensuring that eligible individuals receive necessary health insurance coverage. The Health Insurance (Eligible persons and citizens of Malta) Order 2022, made by the Assistant Secretary of the Medical Benefits Division under the authority of the Minister for Health, addresses a specific issue within the reciprocal health care arrangements between Australia and Malta. This order revokes the previous Health Insurance (Eligible persons and citizens of Malta) Order 2020 and seeks to rectify an anomaly in the Australia-Malta Reciprocal Health Care Agreement, ensuring that Maltese citizens who are lawfully present in Australia but not ordinarily resident, and who are not on a student visa, are eligible for Medicare for a limited period. The policy objective is to provide temporary Medicare coverage to address the gap in eligibility for citizens of Malta who arrive in Australia on visas exceeding six months.

Scope and Application

The Health Insurance (Eligible persons and citizens of Malta) Order 2022 applies to Maltese citizens who are lawfully present in Australia but not ordinarily resident in the country. This legislation serves to amend the eligibility criteria under the Health Insurance Act 1973 by ensuring that Maltese citizens who enter Australia on a visa exceeding six months are eligible for Medicare. The order revokes the previous Health Insurance (Eligible persons and citizens of Malta) Order 2020 and introduces a new framework that allows these individuals to be treated as eligible persons for the purposes of the Act for a period of six months from their arrival in Australia, or for the duration of necessary medical treatment if it extends beyond this period. This change is intended to rectify an anomaly in the Australia-Malta Reciprocal Health Care Agreement by addressing the ineligibility of Maltese citizens on long-term visas for Medicare, thus providing them with necessary healthcare coverage during their stay in Australia.

Key Provisions

The Health Insurance (Eligible persons and citizens of Malta) Order 2022 primarily revokes the Health Insurance (Eligible persons and citizens of Malta) Order 2020 and declares that certain Maltese citizens and their dependents will be treated as eligible persons for the purposes of the Health Insurance Act 1973. Specifically, section (4) of the Order identifies the class of persons who are eligible, including Maltese citizens ordinarily resident in Malta but not on a student visa, who are lawfully present but not ordinarily resident in Australia. This eligibility extends to those who have already received medical treatment in Australia on or before the end of the specified period, and for the duration necessary for the continuation of that treatment (sections (2) and (3)). The Order comes into effect from 17 March 2022. The Act imposes several obligations on the parties it governs. Firstly, it requires that the persons specified in section (4) be treated as eligible individuals for Medicare during the specified period. Additionally, it mandates that any ongoing medical treatment necessary after the person’s arrival in Australia continues to be covered under Medicare (section (3)). The Act also requires compliance with the provisions of the Health Insurance Act 1973, ensuring that the treatment and coverage are in line with the statutory requirements. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Order itself. However, any breaches of the Health Insurance Act 1973 or failure to comply with the provisions of this Order could lead to penalties under the broader Act. For instance, under the Health Insurance Act 1973, penalties can include fines and imprisonment for fraudulent claims or misrepresentation. The specific penalties for breaches would depend on the nature and severity of the offence, as outlined in the main Act.