Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025N00759 In force Notifiable Instrument

Legislation content

Health ref. no. 826

 

AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

 

Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025

 

I, Nigel Murray, Assistant Secretary, MBS Policy and Specialist Programs Branch, Medicare Benefits and Digital Health Division, Health Resourcing Group, delegate for the Minister for Health and Ageing, for the purposes of subsection 6(1) of the Health Insurance Act 1973 (the Act) hereby:

 

  1.           REVOKE the Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program) Order 2025 (No. 824), made on 18 December 2024.

 

  1.           DECLARE that every person included in the specified class of persons to whom clause (3) applies, 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.

 

  1.           This applies to:
  1.                 a person who is included in the Support for Trafficked People Program.
  2.                a person who is included in the Forced Marriage Specialist Support Program.
  3.                 a dependent of a person referred to in paragraph 3(a) or 3(b).

 

  1.           This Order commences on 24 September 2025.

 

 

Dated 15 September 2025  

 

 

 

 

 

 

 

Nigel Murray

Assistant Secretary

MBS Policy and Specialist Programs Branch

Medicare Benefits and Digital Health Division

Department of Health, Disability and Ageing

 

 

 

 

 

 

ATTACHMENT - STATEMENT OF REASONS

 

Health Insurance Act 1973

Class Order under Subsection 6(1)

 

 

ORDER NO: 826

 

DATE OF ORDER: 15 September 2025

 

RELATED ORDERS: Individual orders: 522, 524, 528, 552, 556, 557, 563, 569, 572, 575, 578, 581, 605, 612, 613, 620, 621, 626, 627, 631, 633, 650, 654, 656, 662, 664, 672, 676, 679, 687, 688, 689, 691, 692, 693, 694, 696, 697, 699, 700, 703, 704, 706, 710, 712, 714, 716, 718, 719, 722, 723, 724, 726, 728, 729, 731, 732, 735, 736, 737, 741, 742, 744, 746, 747, 748, 750, 751, 752, 753, 754, 756, 757

 

 Class orders: 759, 766, 784, 803, 824

 

NAME OF PERSON/GROUP: Support for Trafficked People Program and Forced Marriage Specialist Support Program participants and dependents

 

REASON FOR APPROVAL:

 

In October 2003, the then Government announced a package of measures to combat people trafficking, including support measures for victims and survivors. The Support for Trafficked People Program (STPP) assists victims and survivors in meeting their safety, security, health and well-being needs, including access to Medicare. People on the STPP may hold any type of visa. A dependent of an STPP client may include children, elderly people, or people with disabilities, residing in Australia with the person who is on the STPP.

 

The Increasing Support for Victim-Survivors of Domestic Violence and Modern Slavery Budget 2023-24 measure provides support to temporary visa holders leaving violent relationships and people who are at-risk of, or who have experienced, forced marriage.

This included the establishment of the Forced Marriage Specialist Support Program (FMSSP) from 2 January 2025. The FMSSP provides caseworker support, counselling, temporary accommodation, financial support, and health support, including enabling participants and their dependents access to Medicare who would otherwise be ineligible. People on the FMSSP may hold any type of visa. A dependent of an FMSSP client may include children, elderly people, or people with disabilities, residing in Australia with the person who is on the FMSSP.

 

The Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025 (No. 826) extends eligibility for Medicare to the dependents of STPP clients, consistent with the previous extension of Medicare to the dependents of FMSSP clients implemented in the Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program) Order 2025 (No. 824). 

 

The Department of Social Services (DSS) administers the STPP and FMSSP.

Overview

The Health Insurance Act 1973 was enacted to establish a universal health insurance scheme, Medicare, to ensure all Australians have access to affordable and accessible healthcare. The Act provides a framework for the administration of health insurance benefits and services. The Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025, made under subsection 6(1) of the Health Insurance Act 1973, was introduced to address the gap in healthcare access for participants and their dependents in the Support for Trafficked People Program (STPP) and the Forced Marriage Specialist Support Program (FMSSP). This order revokes the previous order (No. 824) and declares that individuals who are part of these programs, as well as their dependents, will be treated as eligible persons for the purposes of the Act during their stay in Australia. The policy objective is to ensure that these vulnerable groups have access to necessary health services, thereby supporting their recovery and well-being.

Scope and Application

The Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025 amends the Health Insurance Act 1973 to extend Medicare eligibility to specific individuals and their dependents. This legislation applies to participants in the Support for Trafficked People Program (STPP) and the Forced Marriage Specialist Support Program (FMSSP) as well as their dependents, ensuring they are treated as eligible persons for Medicare during their stay in Australia. The Order revokes the previous Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program) Order 2025 (No. 824) and comes into effect on 24 September 2025. This legislative change is aimed at providing necessary health support to vulnerable individuals who might otherwise be ineligible for Medicare, facilitating their access to essential healthcare services.

Key Provisions

The Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025 (No. 826) serves to modify the eligibility criteria for Medicare under the Health Insurance Act 1973 (subsection 6(1)). Specifically, this Order revokes the previous Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program) Order 2025 (No. 824) and declares that individuals who would otherwise not qualify as eligible persons for Medicare, including participants in the Support for Trafficked People Program (STPP) and the Forced Marriage Specialist Support Program (FMSSP), along with their dependents, shall be considered eligible for Medicare while they are in Australia (clause 3). This means that individuals in these programs and their dependents will have access to Medicare services, which they would not have otherwise (clause 3(a) and 3(b)). The Order imposes obligations on the Department of Social Services (DSS), which administers both the STPP and FMSSP, to ensure that participants and their dependents are informed about their eligibility for Medicare. It also requires health service providers to treat these individuals as eligible persons for Medicare services. Additionally, it places a responsibility on the Department of Health to facilitate the necessary administrative changes to ensure these individuals can access Medicare services without undue delay. Failure to comply with the requirements of this Order may result in legal consequences for both the Department of Social Services and health service providers. While the Order itself does not specify penalties, non-compliance could potentially lead to enforcement actions under the Health Insurance Act 1973. For instance, if health service providers deny eligible persons access to Medicare services, they could face civil penalties or be required to provide compensation. Additionally, failure to implement the administrative changes within the Department of Health could result in administrative penalties, although specific penalties are not outlined in the Order.

Legal classification tags

Area of Law
Health Law
Instrument
Order
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.