Health Insurance (Eligible persons and holders of Temporary Humanitarian Concern visa) Order 2017

Overview

The Health Insurance (Eligible persons and holders of Temporary Humanitarian Concern visa) Order 2017 was enacted to address the gap in eligibility for Medicare for holders of a valid Temporary (Humanitarian Concern) Visa (Subclass 786). This order was introduced to ensure that individuals residing in Australia under this visa subclass are treated as eligible persons for the purposes of the Health Insurance Act 1973. This legislative measure was brought into effect by Greg Hunt, the Minister for Health, under subsection 6(1) of the Health Insurance Act 1973. The policy objective of this order is to provide healthcare access to individuals who are in Australia due to humanitarian concerns, thereby ensuring they receive necessary medical services without financial barriers.

Scope and Application

The Health Insurance (Eligible persons and holders of Temporary Humanitarian Concern visa) Order 2017 applies to individuals who reside in Australia and hold a valid Temporary (Humanitarian Concern) Visa (Subclass 786) under the Migration Act 1958. This legislative instrument extends eligibility for the purposes of the Health Insurance Act 1973 to those who would otherwise be excluded. The Order is designed to ensure that individuals in this specified class receive the same health benefits as other eligible persons under the Act, thereby promoting equitable access to healthcare services. The scope of the Order is national, as it pertains to all individuals meeting the criteria within Australia. No exclusions, exemptions, or thresholds are specified in the Order itself, though the Act may provide for such details. The Order came into effect on the date of signature, which is the 26th day of October 2017, and is a specific implementation of the Health Insurance Act 1973.

Key Provisions

The Health Insurance (Eligible Persons and Holders of Temporary Humanitarian Concern Visa) Order 2017 (Order No. 800) provides that any individual residing in Australia who holds a valid Temporary (Humanitarian Concern) Visa (Subclass 786) issued under the Migration Act 1958 shall be treated as an eligible person for the purposes of the Health Insurance Act 1973 (the Act). This means that these individuals are eligible to receive Medicare benefits, which they would otherwise not be entitled to under the Act (subsection 6(1)). The Order comes into effect from the date of signature, which is 26 October 2017. The Order imposes the obligation on the Minister for Health to declare that individuals fitting the specified criteria are eligible persons under the Act. It mandates that any person who resides in Australia and holds a valid Subclass 786 visa is to be treated as an eligible person for the purposes of receiving health insurance benefits as stipulated under the Act. This ensures that these individuals have access to the health services covered by Medicare, aligning their eligibility with that of other eligible persons in Australia. The Order does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance. However, any failure to recognise the eligibility of individuals under this Order could potentially result in legal challenges or disputes regarding the provision of Medicare benefits to these individuals. The Health Insurance Act 1973 itself includes provisions for penalties and enforcement mechanisms for breaches of its requirements, but these are not directly addressed in this specific Order. The overarching legal framework of the Act provides for potential civil or criminal penalties for non-compliance with its provisions.