Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019

Overview

The Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019 was enacted in 2019 to address the gap in health insurance coverage for skilled migrant workers holding provisional visas. This order, declared by Liz Dowd as the delegate for the Minister for Health under the Health Insurance Act 1973, aims to include skilled migrant workers on Subclass 491 and 494 visas within the specified class of persons eligible for health insurance benefits. By incorporating these visa holders, the policy objective is to ensure that these workers have access to necessary health services while contributing to the Australian economy. The order commenced on 16 November 2019, reflecting the intent to swiftly address the identified gap in healthcare accessibility for this demographic.

Scope and Application

The Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019, issued under the Health Insurance Act 1973, specifies the inclusion of certain individuals within the class of eligible persons for health insurance purposes. This Order applies to individuals located in Australia who hold a Subclass 491 (Skilled Work (Provisional)) visa or a Subclass 494 (Skilled Work – Employer Sponsored (Provisional)) visa, as granted under the Migration Act 1958. By virtue of this Order, these visa holders are treated as eligible persons for the purposes of the Act, ensuring they can access health insurance benefits. The Order, which came into effect on 16 November 2019, is made by the Delegate for the Minister for Health under the authority granted in subsection 6(1) of the Act, thereby extending the scope of the legislation to include these specific visa holders.

Key Provisions

The Health Insurance (Eligible persons and Holders of Skilled Work Visa (subclass 491 and 494)) Order 2019 (section 1(a)) specifies that individuals holding a Subclass 491 (Skilled Work (Provisional)) visa or a Subclass 494 (Skilled Work – Employer Sponsored (Provisional)) visa under the Migration Act 1958 are classified as eligible persons for the purposes of the Health Insurance Act 1973. This inclusion ensures that these visa holders are treated the same as other eligible persons for health insurance purposes under the Act. Under this Order, the specified class of persons must adhere to the same requirements and obligations as other eligible persons under the Act. This includes, but is not limited to, the obligation to be covered by an approved health insurance policy to qualify for the Medicare rebate, and the responsibility to maintain continuous coverage to avoid penalties. These obligations are laid out in the Health Insurance Act 1973 and apply equally to all eligible persons, including those covered by this Order. Breaches of the requirements under the Health Insurance Act 1973, including failure to maintain approved health insurance coverage, can result in financial penalties. The Act provides for the imposition of a Medicare levy surcharge, which is an additional tax payable by individuals who do not have appropriate health insurance cover for the required period. The maximum penalty for not maintaining appropriate health insurance coverage can be a surcharge equivalent to 1.25% of their taxable income for the year, in addition to the standard Medicare levy. These penalties serve as a deterrent to ensure compliance with the health insurance obligations set out in the Act.