Health Insurance (Eligible persons unauthorised maritime arrivals and holders of Bridging E (Class WE) visa) Order 2017

Overview

The Health Insurance (Eligible persons unauthorised maritime arrivals and holders of Bridging E (Class WE) visa) Order 2017 was enacted by the Australian Government to address the gap in eligibility for Medicare services for certain unauthorised maritime arrivals who have been issued a Bridging E (Class WE) visa. This legislative instrument was made by Greg Hunt, the Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973. The policy objective of this Order is to ensure that unauthorised maritime arrivals, who are holders of a Bridging E visa, are treated as eligible persons for the purposes of the Health Insurance Act 1973 during any period in which they are in Australia on or after 25 November 2011. This measure supports the government's approach to dealing with the legacy caseload of illegal maritime arrivals by providing necessary health care services to those whose protection claims are being processed while they are in the Australian community.

Scope and Application

The Health Insurance (Eligible Persons Unauthorised Maritime Arrivals and Holders of Bridging E (Class WE) Visa) Order 2017 applies to individuals who are unauthorised maritime arrivals and hold a Bridging E (Class WE) visa. These individuals, who would otherwise not qualify as eligible persons under the Health Insurance Act 1973, are deemed eligible for the purposes of the Act during any period they are in Australia on or after 25 November 2011. This legislative instrument extends to the entire Commonwealth of Australia and is an extension of the Health Insurance Act 1973, which is a federal statute. The Order ensures that the specified class of persons receives the same healthcare benefits as other eligible persons, including access to no-cost health and hospital services, Medicare benefits for out-of-hospital services, and drugs under the Pharmaceutical Benefits Scheme. The Order comes into effect from the date of signature and does not explicitly exclude any specific categories of individuals from its scope, thereby encompassing all unauthorised maritime arrivals holding a Bridging E (Class WE) visa.

Key Provisions

The Health Insurance (Eligible Persons Unauthorised Maritime Arrivals and Holders of Bridging E (Class WE) Visa) Order 2017 (sections 1(a) and 1(b)) declares that individuals who are both unauthorised maritime arrivals and holders of a Bridging E (Class WE) visa are eligible for Medicare benefits under the Health Insurance Act 1973. This eligibility applies to any period in which these individuals are in Australia on or after 25 November 2011. An unauthorised maritime arrival is defined under the Migration Act 1958 as someone who has entered Australia by sea after a specified time and subsequently became an unlawful non-citizen, excluding those defined as 'excluded maritime arrivals'. This eligibility ensures these individuals can access essential health services while their protection claims are processed in Australia. The Act imposes specific obligations on these individuals, primarily ensuring they comply with the visa conditions, particularly the restriction on engaging in work (section 1(a)(ii)). Additionally, the order mandates that these individuals remain in Australia under the terms of their bridging visa while their claims are processed. The Department of Immigration and Border Protection has requested that these individuals have access to Medicare, and this Order facilitates that access, ensuring they can receive necessary healthcare services without charge. Breaches of the visa conditions or misuse of Medicare benefits could lead to legal consequences under both the Migration Act 1958 and the Health Insurance Act 1973. Under the Migration Act, penalties for breaching visa conditions can include fines and imprisonment. For instance, failure to comply with the condition prohibiting work (section 1(a)(ii)) could result in fines of up to $27,500 and/or imprisonment for up to two years. Under the Health Insurance Act, fraudulent claims for Medicare services can lead to civil penalties, including fines of up to $22,000 for individuals and $110,000 for bodies corporate, as well as potential criminal charges for dishonestly obtaining a benefit, which carries a maximum penalty of two years imprisonment. These provisions ensure compliance with both immigration and healthcare regulations.