H&A Ref. no. 809
COMMONWEALTH OF AUSTRALIA
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons and holders of Safe Haven Enterprise visa) Order 2017
I, GREG HUNT, Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act) hereby DECLARE that:
(a) Every person included in the specified class of persons:
(i) the person resides in Australia; and
(ii) the person is a holder of a valid Safe Haven Enterprise Visa (subclass 790) issued under the Migration Act 1958,
being a person who, but for this Order, would not be an eligible person for the purposes of the Act shall, during any period in which the person is in Australia, be treated as being an eligible person for the purposes of the Act.
(b) This Order shall have effect from the date of signature.
Dated this 26th day of October 2017
GREG HUNT
MINISTER FOR HEALTH
ATTACHMENT - STATEMENT OF REASONS
Health Insurance Act 1973
Class Order under Subsection 6(1)
ORDER NO: 809
FILE NO: 2013/017709
DATE OF ORDER: 2017
RELATED ORDER: 789
NAME OF PERSON/GROUP: Safe Haven Enterprise Visa (subclass 790)
REASON FOR APPROVAL:
The Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 amended the Migration Act 1958 to create a new protection visa class to be known as the Safe Haven Enterprise Visa (SHEV). The Migration Regulations 1994 were amended to prescribe the requirements for a SHEV (subclass 790). The SHEV commenced operation on 1 July 2015.
The SHEV is an alternative temporary protection visa to the Temporary Protection Visa (TPV) (subclass 785) and provides the same entitlements to services. It is intended to encourage illegal maritime arrivals, who engage Australia’s protection obligations, to live in regional communities and find work or study, addressing the need to develop the economic and social structure of regional Australia. The granting of TPVs and SHEVs is part of the Government’s strategy to process a backlog of 30,000 illegal maritime arrival asylum claims (known as the ‘legacy caseload’). People in the legacy caseload will be able to choose to apply for a TPV or a SHEV.
The 2014-2015 Budget contained a measure to provide support services, including Medicare, to illegal maritime arrivals granted a temporary substantive visa product, including TPVs and SHEVs. A subsection 6(1) order is already in place for TPVs. It is, however, necessary to create an additional subsection 6(1) order to extend Medicare eligibility to holders of the new SHEV (subclass 790).
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Health Insurance (Eligible persons and holders of Safe Haven Enterprise visa) Order 2017 was enacted to address a specific gap in the Health Insurance Act 1973. This legislation was introduced to ensure that holders of the Safe Haven Enterprise Visa (subclass 790), which was established by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014, are considered eligible persons under the Health Insurance Act. This ensures that individuals who would otherwise not qualify for Medicare are able to access essential health services during their stay in Australia. The Order was signed by Greg Hunt, the Minister for Health, in accordance with subsection 6(1) of the Act. The policy objective behind this Order is to provide support services, including Medicare, to illegal maritime arrivals granted temporary substantive visas, thereby facilitating their integration into regional Australian communities and enabling them to contribute to the economic and social structure of these areas.
Scope and Application
The Health Insurance (Eligible persons and holders of Safe Haven Enterprise visa) Order 2017 extends the eligibility criteria under the Health Insurance Act 1973 to include holders of a valid Safe Haven Enterprise Visa (subclass 790) who reside in Australia. This legislative instrument, declared by the Minister for Health, ensures that individuals who would otherwise not qualify for Medicare under the Act are provided with access to necessary health services during their stay in Australia. The order is effective from the date of signature and applies to all eligible persons within the specified class, thereby broadening the scope of the Health Insurance Act to accommodate this new visa category. The legislative amendment underscores the government's commitment to providing comprehensive support services, including healthcare, to individuals in the legacy caseload of illegal maritime arrivals.
Key Provisions
The Health Insurance (Eligible persons and holders of Safe Haven Enterprise visa) Order 2017, pursuant to subsection 6(1) of the Health Insurance Act 1973, establishes that individuals who reside in Australia and hold a valid Safe Haven Enterprise Visa (subclass 790) under the Migration Act 1958 will be treated as eligible persons for the purposes of the Act. This means they will have access to the same healthcare benefits as other eligible persons under the Act, including Medicare services, during their stay in Australia. This Order aims to extend Medicare eligibility to this new class of visa holders, ensuring they have access to essential health services.
Under the provisions of this Order, the Act imposes specific requirements on the individuals who fall under this class of visa holders. They must reside in Australia and maintain a valid Safe Haven Enterprise Visa (subclass 790) to be eligible for Medicare benefits. This means that individuals in this category must continue to meet the conditions of their visa to remain eligible for health insurance benefits under the Act. The Act requires that the visa holders comply with the visa conditions, including any obligations to reside in Australia and maintain the visa status, to ensure continuous eligibility for Medicare.
There are no specific offences, penalties, or consequences outlined in the Order itself, as it primarily focuses on the eligibility criteria for Medicare benefits. However, under the Health Insurance Act 1973, there are provisions that deal with offences related to fraudulent claims or misrepresentation of eligibility. These could include civil or criminal penalties, including fines and imprisonment, for individuals who knowingly make false statements or engage in fraudulent activities to obtain Medicare benefits. The specific penalties would depend on the nature and severity of the offence under the overarching Act.