Health Insurance (Eligible persons and holders of Removal Pending Bridging visa) Order 2017

Overview

The Health Insurance (Eligible persons and holders of Removal Pending Bridging visa) Order 2017 was enacted by Greg Hunt, the Minister for Health, under subsection 6(1) of the Health Insurance Act 1973. This legislation was introduced to address the need for equitable access to healthcare services for lawful non-citizens residing in Australia who hold a Removal Pending Bridging Visa (Subclass 070) under the Migration Act 1958. By classifying these individuals as eligible persons for the purposes of the Act, the Order ensures that they can access Medicare during their stay in Australia, aligning with the policy objective of providing health insurance coverage to all eligible residents. This legislative measure simplifies the process of granting Medicare access by implementing a class order rather than issuing individual orders for each visa holder.

Scope and Application

The Health Insurance (Eligible persons and holders of Removal Pending Bridging visa) Order 2017 applies to lawful non-citizens residing in Australia who hold a valid Removal Pending Bridging Visa (Subclass 070) under the Migration Act 1958. This legislation extends Medicare eligibility to these individuals, treating them as eligible persons under the Health Insurance Act 1973 during their stay in Australia. The order is effective from the date of its signature and serves to ensure that these individuals, who have exhausted other immigration options and are awaiting removal from Australia, have access to necessary healthcare services. The implementation of this order is overseen by the Minister for Health and aligns with the broader policy of providing healthcare to vulnerable populations within Australia.

Key Provisions

The main operative sections of the Health Insurance (Eligible persons and holders of Removal Pending Bridging visa) Order 2017 (subsection (a)) declare that lawful non-citizens residing in Australia who hold a valid Removal Pending Bridging Visa (subclass 070) issued under the Migration Act 1958 shall be treated as eligible persons for the purposes of the Health Insurance Act 1973. This means that such individuals will be eligible for Medicare during any period in which they are in Australia, according to the dates specified in the current Schedule (subsection (a)). This Order takes effect from the date of signature, which is the 26th of October 2017. The obligations and requirements imposed by the Act on the parties it governs include ensuring that lawful non-citizens holding a valid Removal Pending Bridging Visa (subclass 070) are treated as eligible persons for the purposes of the Health Insurance Act 1973. This is to be done in accordance with the dates specified in the current Schedule. The Minister for Health, Greg Hunt, has issued this Order under subsection 6(1) of the Health Insurance Act 1973. The Order applies to all lawful non-citizens residing in Australia who hold a valid Removal Pending Bridging Visa (subclass 070) and supersedes the practice of issuing individual orders. There are no explicit offences, penalties, or civil/criminal consequences for breach stated in the text. However, failure to comply with the requirements of the Health Insurance Act 1973, including this Order, could potentially result in legal consequences. The maximum penalties for breaches of the Health Insurance Act 1973 may vary depending on the specific provisions that are breached. For example, under section 126 of the Act, a person who knowingly makes a false statement or representation in order to obtain a benefit or payment under the Act may be guilty of an offence and liable to a penalty of up to $22,200 for an individual or $111,000 for a body corporate. Similarly, under section 127 of the Act, a person who is knowingly involved in the fraudulent provision of health services may be guilty of an offence and liable to a penalty of up to $44,400 for an individual or $222,000 for a body corporate. It is important to note that these penalties are not specific to this Order and may not apply in all cases of non-compliance.