Health ref. no.819
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
Health Insurance (Eligible persons – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022
I, Nigel Murray, Assistant Secretary, Medical Benefits Division, Health Resourcing Group, delegate for the Minister for Health and Aged Care, pursuant to 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, be treated as being an eligible person for the purposes of the Act.
(2) This clause applies to a person who is:
(a) a Ukrainian national; or
(b) an immediate family member of a Ukrainian national; and
(c) is a holder of a Bridging Visa E (Subclass 050 and Subclass 051) that was granted on or after 1 August 2022; or
(d) the child of a person mentioned in subclause (1)(a) 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) This Order shall be taken to have commenced on 1 November 2022
Dated this 28th day of October 2022
Nigel Murray
Assistant Secretary
MBS Policy and Specialist Services Branch
Department of Health
ATTACHMENT - STATEMENT OF REASONS
Health Insurance Act 1973
Class Order under Subsection 6(1)
ORDER NO: 819
DATE OF ORDER: 18 October 2022
RELATED ORDER: N/A
NAME OF PERSON/GROUP: Ukrainian nationals (including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) as part of the Australian Government’s response to provide additional assistance to Ukraine following the invasion by Russia.
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 – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022 provides access to Medicare from 1 November 2022 for persons who have been granted Bridging Visa E (Subclass 050 and Subclass 051) by the Australian Government as part of its response to provide additional assistance to Ukraine following the invasion by Russia.
The Health Insurance (Eligible persons – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022 will take effect for people who applied for and are (or were) granted a Bridging Visa E (Subclass 050 and Subclass 051) since 1 August 2022. 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 – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022 was enacted to address the need for accessible healthcare services for Ukrainian nationals and their immediate family members who are holders of a Bridging Visa E (Subclass 050 and Subclass 051), as part of the Australian Government's response to the invasion of Ukraine by Russia. This legislative instrument was introduced under the authority of the Health Insurance Act 1973, which empowers the Minister for Health and Aged Care to declare certain persons or classes of persons eligible for Medicare in specified circumstances. The order, effective from 1 November 2022, ensures that eligible Ukrainian nationals and their immediate family members, who hold a Bridging Visa E (Subclass 050 or Subclass 051) granted on or after 1 August 2022, gain access to Medicare services. This initiative aims to provide much-needed healthcare support to these individuals in Australia, aligning with the broader policy objectives of the Australian Government in offering humanitarian assistance in response to the crisis in Ukraine.
Scope and Application
The Health Insurance (Eligible persons – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022 applies to Ukrainian nationals and their non-Ukrainian immediate family members who hold a Bridging Visa E (Subclass 050 and Subclass 051) granted on or after 1 August 2022, and any children born in Australia to a Ukrainian national who would be granted a Bridging Visa E (Subclass 051) under section 78 of the Migration Act 1958. This legislative instrument extends the eligibility for Medicare to these individuals as a response to the invasion of Ukraine by Russia, providing them with necessary health insurance coverage during their stay in Australia. The order is applicable from 1 November 2022 and operates under the Health Insurance Act 1973, with no exclusions or exemptions specified beyond the criteria outlined in the order. The order is a Commonwealth instrument and does not extend to state or territory jurisdictions, nor does it impose any additional liabilities on the individuals covered by the order.
Key Provisions
The Health Insurance (Eligible persons – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022 (section 1) declares that specific individuals will be treated as eligible persons for the purposes of the Health Insurance Act 1973. This includes Ukrainian nationals, their immediate family members, and their children who were born in Australia or who are considered to have been granted a Bridging Visa E under the Migration Act 1958. These persons must hold a Bridging Visa E (Subclass 050 or Subclass 051) granted on or after 1 August 2022 to qualify. The order came into effect on 1 November 2022.
This legislative order imposes specific obligations on the Australian Government to provide Medicare access to the eligible persons specified under the order. The Act requires that these individuals be treated as eligible persons for Medicare during their stay in Australia. This means that they are entitled to access health services covered under the Medicare system, such as general practitioner consultations, hospital treatment, and other medical services, as though they were Australian citizens or permanent residents. The order aims to ensure that these individuals receive necessary medical care without financial barriers during their stay in Australia.
Failure to comply with the provisions of this order may lead to legal consequences for the Australian Government, as it is mandated to provide Medicare access to these individuals. Non-compliance could potentially result in legal actions being taken against the government for not fulfilling its obligations under the Health Insurance Act 1973. However, the order itself does not specify any penalties for individuals who might misuse or falsely claim eligibility under this order.
The Health Insurance (Eligible persons – Ukrainian nationals including their non-Ukrainian immediate family members) who are holders of Bridging Visa E (Subclass 050 and Subclass 051) Order 2022 does not explicitly state any criminal or civil penalties for individuals who breach the conditions of eligibility. Instead, the primary focus is on ensuring that the Australian Government adheres to its obligations to provide healthcare access to the eligible persons. The legal consequences primarily pertain to the government's failure to comply with the order, rather than penalties for individual misuse of the scheme. The emphasis is on providing humanitarian assistance to those affected by the conflict in Ukraine, ensuring they have access to essential healthcare services.