Health Insurance (Eligible persons holders of temporary visas and de facto partners of Australian citizens) Order 2017

Overview

The Health Insurance (Eligible persons holders of temporary visas and de facto partners of Australian citizens) Order 2017 was enacted under subsection 6(1) of the Health Insurance Act 1973. It was introduced to address a gap in eligibility for Medicare benefits arising from amendments made to the definition of "Australian resident" in the Health Insurance Act 1973 by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008. These amendments inadvertently excluded de facto partners from eligibility for Medicare, contrary to the original intent of the Health Insurance Act 1973. The Order was issued by Greg Hunt, the Minister for Health, on 26 October 2017, and its policy objective is to restore eligibility for Medicare to de facto partners of Australian citizens or permanent residents who are holders of temporary visas.

Scope and Application

The Health Insurance (Eligible persons holders of temporary visas and de facto partners of Australian citizens) Order 2017 applies to individuals who meet specific criteria outlined in section 2 of the Order. These individuals must be lawfully residing in Australia and holding a temporary visa under the Migration Act 1958, without being covered by certain regulations under the Health Insurance Act 1973. Additionally, these individuals must not have applied for a protection visa or a parent visa under the Migration Act 1958 and must be in a de facto relationship with an Australian citizen or a holder of a permanent visa under the Migration Act 1958. This Order is made pursuant to subsection 6(1) of the Health Insurance Act 1973, and it aims to rectify a legislative oversight caused by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008, which inadvertently excluded de facto partners from Medicare eligibility. The Order is effective from the date of its signature and applies on a Commonwealth level, ensuring that the specified individuals are treated as eligible persons for the purposes of the Act.

Key Provisions

The Health Insurance (Eligible persons holders of temporary visas and de facto partners of Australian citizens) Order 2017 (section 1) declares that certain individuals will be treated as eligible persons for the purposes of the Health Insurance Act 1973 (the Act). Specifically, this Order applies to individuals who are lawfully residing in Australia, hold a temporary visa under the Migration Act 1958, and are not covered by specific regulations made under the Act (section 2(a)-(c)). It also applies to those who have applied for a permanent visa but have not made applications for a protection visa or a parent visa, either before or after a specified relevant day (section 2(d)-(e)). Additionally, it applies to individuals whose de facto partners are Australian citizens or holders of a permanent visa (section 2(f)). The relevant day is defined as the commencement of a particular paragraph in the Act's definition of "Australian resident" (section 3(a)), and "de facto partner" retains its meaning as per the National Health Act 1953 (section 3(b)). This Order addresses a legislative oversight created by amendments in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008, which inadvertently denied Medicare eligibility to de facto partners of Australian citizens (Attachment - Statement of Reasons). The Order imposes obligations on the relevant parties to ensure compliance with the Act's provisions. Individuals who fall under the criteria specified in section 2 must meet all the stipulated conditions to be considered eligible for Medicare under the Act. The Act requires these individuals to provide necessary documentation to verify their eligibility, such as proof of lawful residency, visa status, and relationship status with an Australian citizen or permanent visa holder. The Minister for Health, who issued the Order, ensures that these individuals are properly assessed and registered as eligible persons under the Act. The entities governed by this Order, including the Department of Health and Medicare, are required to implement and enforce the Order in accordance with the Act's provisions. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of this Order. However, failure to comply with the Act's provisions or the Order could result in civil or administrative penalties. For example, providing false information to obtain Medicare benefits is an offence under section 114 of the Act, which carries a maximum penalty of 10,000 penalty units. Additionally, any failure to meet the eligibility criteria as specified in this Order may result in disqualification from Medicare benefits, which can lead to financial repercussions for the individual. The enforcement of compliance with the Act is overseen by the relevant authorities, and any breaches could be subject to investigation and appropriate action under the relevant sections of the Act.