Health ref. no. 798
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons Reciprocal Health Care Agreements and holders of subclass 410 visa) 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) The persons included in the specified class, being persons who:
(i) are lawfully resident in Australia; and
(ii) prior to taking up residence in Australia would have been covered by a reciprocal health care agreement to which Australia is a party; and
(iii) hold a subclass 410 visa as an ‘established applicant’ within the meaning of the Migration Regulations; and
(iv) but for this Order, would not be treated as eligible persons,
shall be treated as having been eligible persons for the purposes of the Act according to the terms of the relevant reciprocal health care agreement;
(b) This Order shall have effect from the date of signature.
Dated 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: 798
DATE OF ORDER: 2017
RELATED ORDERS: Individual orders: 336, 337, 428, 487, 506, 512, 515, 516, 548, 555, 558, 559, 566, 567, 570, 571, 583, 586, 592, 600, 636, 647, 655, 659, 669, 673, 674, 707, 713, 717, 725, 727
Class orders: 758, 772, 783
NAME OF PERSON OR GROUP: 410 (Temporary) Retirement Visa
Holders (who applied prior to December 1998)
REASONS FOR APPROVAL:
410 visa holders from countries which Australia has Reciprocal Health Care Agreements (RHCAs) were originally entitled to health care access by virtue of these agreements. However, from 1 December 1998, all 410-visa holders were excluded from eligibility for RHCA Medicare. This decision was based on legal advice which indicated that 410 visa holders could be considered to be resident in Australia and therefore not entitled to coverage under RHCAs. In addition, they also do not meet the definition of “Australia resident” in the Health Insurance Act 1973, and accordingly, are not eligible for Medicare under the Act.
The British High Commission raised concerns regarding the removal of Medicare access for holders of subclass 410 visas who previously had access to Medicare up until 1 December 1998. As a result, a decision was made to issue a subsection 6(1) Order to allow specific pre-December 1998 applicants to retain their access to Medicare. These persons are referred to as “established applicants” and are the class to which this Order grants Medicare eligibility according to the terms of the relevant RHCA.
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 Australian Government Health Insurance Act 1973 aims to provide a framework for the provision of health insurance in Australia, ensuring that all eligible individuals have access to necessary healthcare services. The Health Insurance (Eligible Persons Reciprocal Health Care Agreements and holders of subclass 410 visa) Order 2017 was enacted to address a specific gap in the eligibility criteria for Medicare under the Act. This gap arose due to the exclusion of subclass 410 visa holders from Medicare eligibility under Reciprocal Health Care Agreements (RHCAs) as of 1 December 1998. The Minister for Health, Greg Hunt, issued this order to rectify the situation for "established applicants," who were lawfully resident in Australia, had previously been covered by an RHCA, and held a subclass 410 visa applied for prior to December 1998. The objective of the order is to ensure these individuals are treated as eligible persons for the purposes of the Act according to the terms of the relevant RHCA, thereby reinstating their access to Medicare.
Scope and Application
The Australian Government Health Insurance (Eligible persons Reciprocal Health Care Agreements and holders of subclass 410 visa) Order 2017 applies to individuals who are lawfully resident in Australia, have previously been covered by a reciprocal health care agreement with Australia, hold a subclass 410 visa as an 'established applicant', and would otherwise not be treated as eligible persons under the Health Insurance Act 1973. This Order ensures that these individuals are treated as eligible persons for the purposes of the Act, in accordance with the terms of the relevant reciprocal health care agreement. The Order extends its application to those who applied for the subclass 410 visa before 1 December 1998, addressing a previous exclusion from Medicare eligibility based on their visa status. The scope of the Order is limited to Commonwealth legislation, applying nationwide across Australia, and is effective from the date of signature. This Order does not alter the broader eligibility criteria for health insurance under the Act but serves to rectify a specific historical oversight in relation to certain subclass 410 visa holders.
Key Provisions
The Australian Government Health Insurance Act 1973 (the Act) is amended by the Health Insurance (Eligible persons Reciprocal Health Care Agreements and holders of subclass 410 visa) Order 2017 (the Order). This Order, signed by the Minister for Health on 26 October 2017, provides that certain persons, who are lawfully resident in Australia, have a reciprocal health care agreement with Australia, hold a subclass 410 visa, and would otherwise not be eligible for Medicare, are to be treated as eligible persons under the Act (section 1(a)). This eligibility is contingent upon the terms of the relevant reciprocal health care agreement (section 1(a)).
The Order imposes specific obligations on the parties it governs. According to the Order, the subclass 410 visa holders who were established applicants before 1 December 1998 are to be treated as eligible for Medicare, subject to the terms of the reciprocal health care agreement. This means that these individuals are entitled to access Medicare services as if they were eligible under the Act. Furthermore, these individuals must meet the criteria specified in the Order, including being lawfully resident in Australia and holding a subclass 410 visa (section 1(a)).
Breach of the provisions of this Order may result in legal consequences. While the Order itself does not specify penalties for non-compliance, breaches of the Act or related regulations could potentially lead to civil or criminal penalties. Under the Act, non-compliance or misuse of Medicare benefits could result in fines or imprisonment. For instance, section 126 of the Act imposes a maximum penalty of $22,200 for fraudulent claims or actions that facilitate such claims. Similarly, section 127 provides for a maximum penalty of $11,100 for failing to comply with certain administrative requirements. It is essential for all parties involved to adhere to the provisions of the Act and the Order to avoid any potential legal repercussions.