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

Overview

The Health Insurance (Eligible persons and holders of Temporary Protection visa) Order 2017 was enacted by the Australian Government in 2017 to address the gap in eligibility for Medicare among holders of Temporary Protection Visas (subclass 785) who are lawfully in Australia. This Order was made under the Health Insurance Act 1973 by Greg Hunt, the Minister for Health, aiming to ensure that individuals with legitimate refugee claims, who are residing in Australia, are treated as eligible persons for the purposes of accessing Medicare. The policy objective is to extend healthcare benefits to those who have been found to have legitimate refugee status, thereby providing them with necessary medical support and aligning with the broader aim of offering equitable healthcare access. This legislative instrument was developed to rectify the eligibility issue faced by TPV holders who, prior to this Order, would not have been covered under the Health Insurance Act 1973. By recognising the legitimate refugee status of these individuals, the Order ensures that they are not disadvantaged in accessing essential health services, thereby promoting inclusivity and fairness within the healthcare system. The Order came into effect on the date of signature, ensuring immediate applicability to the specified class of persons.

Scope and Application

The Health Insurance (Eligible Persons and Holders of Temporary Protection Visa) Order 2017 extends the application of the Health Insurance Act 1973 to include holders of a valid Temporary Protection Visa (subclass 785) who reside in Australia. This Order treats these individuals as eligible persons under the Act, thereby granting them access to Medicare services, from the date of signature. The Order applies to a specific class of persons, namely those who hold a Temporary Protection Visa under subclass 785 and are lawfully residing in Australia. This legislative instrument is made pursuant to subsection 6(1) of the Health Insurance Act 1973, and its application is confined to the Commonwealth of Australia. There are no stated exclusions or exemptions in this Order, meaning that all individuals meeting the specified criteria are covered. The scope of the Order is further extended through its inclusion in the broader framework of related orders and the Health Insurance Act 1973, which may be subject to modification or clarification through subordinate instruments.

Key Provisions

The main operative sections of the Health Insurance (Eligible persons and holders of Temporary Protection visa) Order 2017 (subsection (a)) specify that eligible persons who reside in Australia and hold a valid Temporary Protection Visa (subclass 785) will be treated as eligible for the purposes of the Health Insurance Act 1973. This treatment applies for any period they are in Australia (subsection (a)(i) and (ii)). The order is effective from the date of signature, which is the 26th of October, 2017. The Act imposes specific obligations on the parties it governs. Under section (a), eligible persons must be holders of a valid Temporary Protection Visa (subclass 785) and must reside in Australia. These individuals, who would otherwise not qualify for Medicare, are now deemed eligible due to this order. The Act also requires that these individuals are treated as eligible persons for the purposes of accessing Medicare services. The order does not explicitly detail offences, penalties, or consequences for breach within its text. However, breaches of the Health Insurance Act 1973 in general could lead to civil or criminal penalties. The specific consequences would depend on the nature and severity of the breach, as outlined in the main Act. For instance, under the Health Insurance Act 1973, penalties can include fines up to a certain amount, imprisonment, or both, depending on the severity of the breach. The precise maximum penalties would be found within the primary Act rather than the order itself.