Health ref. no. 823
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons – Persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E) Order 2024
I, Daniel McCabe, First Assistant Secretary, 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 DECLARE that:
(1) Every person included in the specified class of persons to whom clause 2 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 on or after 31 January 2024, be treated as having been or as being an eligible person for the purposes of the Act.
(2) This applies to:
(a) a person who is from Israel or the Occupied Palestinian Territories and is the holder of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights; or
(b) a person who is an immediate family member of the person mentioned in paragraph 2(a) and is the holder of a Bridging Visa E (Subclass 050 and Subclass 051); or
(c) the child of a person referred to in paragraph 2(a) or 2(b) and who:
(i) was born in Australia; and
(ii) is taken to have been granted a Bridging Visa E (Subclass 050 and Subclass 051) because of section 78 of the Migration Act 1958.
(3) However, clause 2 does not apply to a person who is an unauthorised maritime arrival or who was not immigration cleared on their last entry to Australia, as those terms are defined in the Migration Act 1958.
(4) This Order commences on 12 August 2024.
Dated 5 August 2024
Note: See the Health Insurance (Eligible persons unauthorised maritime arrivals and holders of Bridging E (Class WE) visa) Order 2017 in relation to persons who are unauthorised maritime arrivals or who were not immigration cleared on their last entry to Australia.
Daniel McCabe
First Assistant Secretary
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: 823
DATE OF ORDER: 5 August 2024
RELATED ORDER: 807
NAME OF PERSON/GROUP: Persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights (and their immediate family members on a Bridging Visa E).
REASON FOR APPROVAL:
The Bridging Visa E (Subclass 050) is a subclass of visa which allows the holder to stay in Australia lawfully while they finalise their immigration matter or make arrangements to leave Australia. The Bridging Visa (Subclass 051) is a subclass of visa which allows the holder to stay in Australia lawfully while their Protection visa application is being processed.
Under subsection 6(1) of the Health Insurance Act 1973, the Minister for Health and Aged Care has a discretionary power to declare certain people or classes of people eligible for Medicare in specified circumstances.
The Health Insurance (Eligible persons – persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E) Order 2024 provides access to Medicare for persons who have been granted a Bridging Visa E with work rights by the Department of Home Affairs and their immediate family members on a Bridging Visa E. This measure is part of the Australian Government’s response to provide additional assistance to those from significantly affected areas of Israel and the Occupied Palestinian Territories impacted by the Hamas-Israel conflict (and their immediate family members on a Bridging Visa E).
The Health Insurance (Eligible persons – persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E) Order 2024 will apply retrospectively from 31 January 2024. However, no person will have their rights, as existing at the time the order takes effect, affected so as to disadvantage them, or liabilities imposed on them, other than the Commonwealth.
Overview
The Health Insurance (Eligible persons – Persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E) Order 2024 was enacted to address the specific need to provide healthcare access to individuals from Israel and the Occupied Palestinian Territories who have been granted a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E. This order was introduced in response to the ongoing humanitarian crisis in these regions, aiming to offer additional support to those affected by the conflict. The order, issued under the authority of the Health Insurance Act 1973, was approved by Daniel McCabe, the First Assistant Secretary of the Medicare Benefits and Digital Health Division, on behalf of the Minister for Health and Aged Care. The policy objective is to ensure that these individuals and their families have access to necessary healthcare services while they remain in Australia. The order will apply retrospectively from 31 January 2024, ensuring that no individual’s rights or existing liabilities are adversely affected, except as necessary under the Commonwealth’s authority.
Scope and Application
The Health Insurance (Eligible persons – Persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E) Order 2024 applies to eligible persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights, as well as their immediate family members on a Bridging Visa E. This Order ensures that these individuals, who would otherwise not qualify as eligible persons under the Health Insurance Act 1973, are treated as eligible during their stay in Australia on or after 31 January 2024. This inclusion is intended to provide them with access to Medicare as part of the Australian Government's response to assist those significantly affected by the Hamas-Israel conflict. The Order does not apply to persons who are unauthorised maritime arrivals or who were not immigration cleared on their last entry to Australia, as defined in the Migration Act 1958. The commencement of the Order is set for 12 August 2024, ensuring that the eligibility criteria are in effect from that date.
Key Provisions
The Health Insurance (Eligible persons – Persons from Israel and the Occupied Palestinian Territories who are holders of a Bridging Visa E (Subclass 050 and Subclass 051) with work rights and their immediate family members on a Bridging Visa E) Order 2024 (the Order) specifies that certain individuals from Israel and the Occupied Palestinian Territories holding a Bridging Visa E (Subclass 050 and Subclass 051) with work rights, and their immediate family members on a Bridging Visa E, will be treated as eligible for Medicare benefits from 31 January 2024 (Clause 1). This eligibility extends to children born in Australia who are deemed to hold a Bridging Visa E under the Migration Act 1958 (Clause 2(c)). However, this Order does not apply to individuals who are unauthorised maritime arrivals or who were not immigration cleared on their last entry to Australia, as defined by the Migration Act 1958 (Clause 3).
The Order imposes certain obligations on the individuals covered by it. These individuals must ensure they meet the eligibility criteria specified in the Order, which includes being from Israel or the Occupied Palestinian Territories, holding a Bridging Visa E with work rights, or being an immediate family member or child of such a person. They must also be in Australia on or after 31 January 2024 to benefit from the Order. Additionally, they must comply with any other requirements necessary to maintain their eligibility under the Health Insurance Act 1973.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Order for breach of its provisions. However, failure to comply with the requirements of the Health Insurance Act 1973 or related regulations may result in penalties under those Acts. For example, penalties may be imposed for fraudulent claims or misrepresentation of eligibility. The specific penalties would be determined by the applicable provisions of the Health Insurance Act 1973 and related legislation.