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

Administered by Department of Health, Disability and Ageing

Legislation au F2024N01175 Not in force Notifiable Instrument

Legislation content

Health ref. no. 824

 

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) 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 Aged Care, 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 Trafficked People Program) Order 2017 (No. 803), made on 26 October 2017.

 

  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 Order applies to any of the following:
  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(b).

 

  1.           This Order commences on 2 January 2025.

 

 

Dated 18 December 2024

 

 

 

 

 

 

 

Nigel Murray

Assistant Secretary

MBS Policy and Specialist Programs Branch

Medicare Benefits and Digital Health Division

Department of Health and Aged Care


ATTACHMENT - STATEMENT OF REASONS

 

Health Insurance Act 1973

Class Order under Subsection 6(1)

 

 

ORDER NO: 824

 

DATE OF ORDER: 18 December 2024

 

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

 

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

 

 

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.

 

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 includes establishing the Forced Marriage Specialist Support Program (FMSSP) from 2 January 2025. The FMSSP will provide 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.

 

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

 

Overview

The Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program) Order 2025 was enacted in 2024 to address the gap in healthcare access for vulnerable individuals in Australia, specifically those participating in the Support for Trafficked People Program (STPP) and the Forced Marriage Specialist Support Program (FMSSP). This Order revokes the previous Health Insurance (Eligible persons and persons in the Trafficked People Program) Order 2017, expanding eligibility for Medicare to include individuals in the STPP and FMSSP and their dependents, thereby ensuring they have access to essential healthcare services. This legislative action is aimed at supporting victims of trafficking and forced marriage by providing them with critical healthcare support. The enacting body for this Order is Nigel Murray, the Assistant Secretary, MBS Policy and Specialist Programs Branch, Medicare Benefits and Digital Health Division, Department of Health and Aged Care, who acts on behalf of the Minister for Health and Aged Care. The policy objective is to ensure that these vulnerable groups have access to necessary medical services, thereby improving their health outcomes and overall 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) Order 2025 applies to any individual who is part of the Support for Trafficked People Program or the Forced Marriage Specialist Support Program, as well as any dependents of these individuals. The Order provides that during their stay in Australia, these persons will be considered eligible for Medicare benefits under the Health Insurance Act 1973, even if they would not typically meet the eligibility criteria. This inclusion is significant as it ensures that vulnerable individuals who are victims of trafficking or forced marriage have access to essential health services, thereby supporting their recovery and integration into Australian society. The Order commenced on 2 January 2025 and revokes the previous Health Insurance (Eligible persons and persons in the Trafficked People Program) Order 2017 to incorporate the expanded scope of the Support for Trafficked People Program and the newly established Forced Marriage Specialist Support Program. The application of the Order is national in scope, affecting all persons covered by the specified programs across Australia.

Key Provisions

The Health Insurance (Eligible persons and persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program) Order 2025 revokes the previous Health Insurance (Eligible persons and persons in the Trafficked People Program) Order 2017 and declares that specific individuals will be treated as eligible for Medicare benefits under the Health Insurance Act 1973 (the Act) (sections 1 and 2). This Order applies to individuals in the Support for Trafficked People Program, individuals in the Forced Marriage Specialist Support Program, and their dependents. The Order came into effect on 2 January 2025 (section 4). The Act imposes obligations on these individuals, ensuring they are recognised as eligible persons for Medicare benefits during their stay in Australia (section 3). These obligations are intended to provide necessary healthcare support to vulnerable individuals, including those in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program, and their dependents. The Order is designed to facilitate access to essential health services for these individuals, who might otherwise be ineligible for Medicare benefits. There are no specific offences, penalties, or consequences outlined for breaches of this Order within the text provided. However, breaches of the Health Insurance Act 1973 can generally lead to civil or criminal penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the Act or other associated legislation. The specific penalties are not detailed in the text of this Order.

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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.