Health ref. no. 803
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons and persons in the Trafficked People Program) Order 2017
I, GREG HUNT, Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act), hereby DECLARE that:
(a) Every person included in the specified class, being persons who:
(i) are lawfully residing in Australia;
(ii) are holders of a valid visa issued under the Migration Act 1958;
(iii) are included in the Support for Trafficked People Program; and
(iv) but for this Order, would not be eligible persons for the purposes of the Act,
shall be treated as being an eligible person for the purposes of the Act, according to the dates specified in the current Schedule.
(b) This Order shall have effect from the date of signature.
Date this 26th day of October 2017.
GREG HUNT
MINISTER FOR HEALTH
ATTACHMENT – STATEMENT OF REASONS
Health Insurance Act 1973
Class order under subsection 6(1)
ORDER NO: 803
DATE: 2017
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, 75
Class orders: 759, 766, 784
NAME OF PERSON/GROUP: Support for Trafficked People Program
REASON FOR APPROVAL:
As part of Government support for victims of people trafficking, in August 2003 the Government agreed to grant Medicare eligibility to this class.
Initially, victims were first issued a Bridging Visa for a 30-day period. During this period, a decision was made on whether or not victims would be a suitable candidate for giving evidence at criminal hearings. Where victims remained in Australia, they will be issued a Criminal Justice Stay Visa (CJSV) or a temporary Witness Protection visa for the time they are on the Program.
After a Program review in 2009, the criteria were changed so that it is no longer necessary to hold one of these visas. People on the Program now may hold any type of visa.
Persons in the attached Schedule are on the Support for Trafficked People Program. This subsection 6(1) Order is issued to enable their access to Medicare. The Medicare date of effect is specified in respect of each individual listed in the Schedule.
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Health Insurance (Eligible Persons and Persons in the Trafficked People Program) Order 2017 was enacted to address the problem of providing equitable access to Medicare for victims of human trafficking. The order was introduced by the Minister for Health, Greg Hunt, under the authority of subsection 6(1) of the Health Insurance Act 1973. The policy objective of this legislation is to extend Medicare eligibility to individuals who are lawfully residing in Australia, hold a valid visa under the Migration Act 1958, and are participants in the Support for Trafficked People Program, even if they would not otherwise qualify as eligible persons under the Act. This order ensures that these vulnerable individuals receive necessary health services through Medicare coverage, reflecting the government's commitment to supporting victims of trafficking.
Scope and Application
The Health Insurance (Eligible persons and persons in the Trafficked People Program) Order 2017 applies to individuals who are lawfully residing in Australia and are holders of a valid visa under the Migration Act 1958, as well as those included in the Support for Trafficked People Program. This Order amends the Health Insurance Act 1973 to ensure that eligible persons in the Support for Trafficked People Program, who would otherwise not qualify for Medicare, are treated as eligible for the purposes of the Act. This legislative action provides these individuals with access to Medicare services according to the dates specified in the Schedule attached to the Order. The Order is in effect from the date of signature and applies across the Commonwealth of Australia, ensuring that the provisions of the Act are uniformly applied nationwide. This Order does not specify any exclusions or thresholds but extends the application of the Health Insurance Act 1973 to the specified class through a class order mechanism, thereby broadening the eligibility criteria for Medicare.
Key Provisions
The Health Insurance (Eligible persons and persons in the Trafficked People Program) Order 2017, under subsection 6(1) of the Health Insurance Act 1973, is aimed at extending Medicare eligibility to certain individuals who would otherwise not qualify. Specifically, section (a) of the Order identifies a class of persons who are lawfully residing in Australia, hold a valid visa under the Migration Act 1958, are part of the Support for Trafficked People Program, and would not meet the eligibility criteria under the Act without this Order. These individuals are to be treated as eligible persons for Medicare according to the dates specified in the attached Schedule. The Order, as stated in section (b), took effect from the date of signature, which is the 26th day of October 2017.
The obligations imposed by this Order primarily pertain to the classification and treatment of individuals in the Support for Trafficked People Program as eligible for Medicare. The Act and this Order require that these individuals meet the specified criteria, including lawful residency in Australia, possession of a valid visa under the Migration Act 1958, and inclusion in the Support for Trafficked People Program. It is also necessary for these individuals to be listed in the Schedule attached to the Order, which specifies their eligibility dates.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the Order itself. However, any breaches of the conditions for inclusion in the Support for Trafficked People Program or violations of the criteria for Medicare eligibility under the Health Insurance Act 1973 could potentially lead to legal repercussions. The Health Insurance Act 1973 provides for various penalties for fraudulent claims or improper use of Medicare benefits, which could apply to any individual who does not genuinely meet the eligibility criteria established by this Order or any related legislation.