Overview

The Migration Regulations 1994 were enacted to provide the legal framework for the administration of Australia's migration laws. This piece of legislation, specifically F2007L01082, was introduced to address the need for flexibility in specifying health service providers for certain medical assessments under the carer definition in regulation 1.15AA. The explanatory statement indicates that this regulation was made under the authority provided by regulation 1.17 and subregulation 1.15AA(2) of the Migration Regulations 1994. The policy objective here is to ensure that medical assessments for visa applicants are conducted by a health service provider specified by the Minister, allowing for changes as new contracts are awarded. The Instrument, IMMI 07/013, specifies Health Services Australia (HSA) as the health service provider until a new contract is awarded, reflecting the dynamic nature of government contracts and the necessity to remain adaptable in the face of potential changes. This regulation was enacted by the Minister for Immigration and Citizenship and commenced on 23 April 2007. It allows for the seamless continuation of medical assessments while ensuring compliance with the migration regulations. The explanatory statement clarifies that no consultation was necessary under section 18 of the Legislative Instruments Act 2003, as the Instrument is of a minor nature and does not substantially alter existing arrangements.

Scope and Application

The explanatory statement outlines that the Instrument made under the Migration Regulations 1994 specifies Health Services Australia (HSA) as a health service provider for the purposes of medical assessments related to the carer definition in regulation 1.15AA. This specification is effective until such time as a new contract is awarded to a different provider and a new instrument is issued. The purpose of this specification is to ensure that medical assessments of Australian citizens and permanent residents who seek to bring a relative to Australia as a carer are conducted by a health service provider specified by the Minister in an instrument in writing. HSA, a government business enterprise, has been contracted to provide these Onshore Medical Services since 1997, but the contract is subject to a regular tender process, meaning the provider could change. The Regulations have been amended to ensure the continuity of this service by allowing for the specification of a new provider if necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements, hence consultation was not required under section 18 of the Legislative Instruments Act 2003. It commenced on 23 April 2007.

Key Provisions

The Migration Regulations 1.15AA(2) outline the requirements for a certificate to be valid in the context of medical assessments for individuals seeking to bring a relative to Australia as a carer. According to regulation 1.17, the Minister can specify these matters through a notice in the Gazette. Effective from 23 April 2007, subregulation 1.15AA(2) mandates that a certificate must either be issued by a medical adviser who conducted the medical assessment on behalf of a health service provider specified by the Minister, or be a certificate issued by a health service provider for a review of an opinion in a certificate. This subregulation ensures that only specified health service providers can conduct these assessments and reviews. Health Services Australia (HSA), as specified by the Instrument, is identified as the health service provider for the purposes of the carer definition under regulation 1.15AA. HSA has been providing Onshore Medical Services (OMS) for the Immigration Programme since 1997. This includes medical assessments for Australian citizens and permanent citizens seeking to bring a relative to Australia as a carer. The contract between HSA and the government is subject to a regular tender process, meaning that another provider could potentially take over these services in the future. To account for this possibility, the Regulations have been amended to require that the medical assessment be carried out by a health service provider specified by the Minister. The obligations imposed by these regulations on HSA include ensuring that any medical assessments and reviews of opinions are conducted according to the Minister’s specifications and are signed by the relevant medical adviser. The Instrument specifies that HSA is responsible for these tasks until a new provider is specified in a subsequent instrument. Additionally, HSA must adhere to the procedures set forth by the Minister to maintain the validity of the certificates issued for these assessments. Breach of these regulations could result in civil or criminal consequences, depending on the nature and severity of the violation. Although the specific penalties are not detailed in the explanatory statement, such breaches could lead to fines or other legal actions under the Migration Act 1958. The Instrument specifies that consultation was not necessary as it is of a minor or machinery nature and does not substantially alter existing arrangements. This regulatory framework ensures that the medical assessments required for visa applications are conducted by authorised and specified health service providers.