Order under Subsection 6(1) of the Health Insurance Act 1973 - H&A Ref. No. 776

Overview

The Health Insurance Act 1973, enacted by the Commonwealth of Australia, was introduced to establish and regulate the Australian health insurance system, aiming to provide equitable access to healthcare services for all citizens. The Act's primary purpose is to ensure that eligible individuals have access to medical services and hospital treatments, thereby promoting a healthier population. This legislation is administered by the Australian Government and overseen by the Minister for Health, who has the authority to make Orders under subsection 6(1) to address specific issues or gaps within the health insurance framework. The policy objective of this Act is to maintain a sustainable and efficient health insurance system that provides comprehensive coverage for medical services to eligible individuals. In 2012, an Order was made under subsection 6(1) of the Health Insurance Act 1973 by Tanya Plibersek, the Minister for Health, to address a specific issue concerning offshore entry persons holding Bridging E (Class WE) visas. This Order, which came into effect on 25 November 2011, aimed to ensure that these individuals were treated as eligible persons for the purposes of the Act, despite not meeting the usual eligibility criteria. The Order was set to expire on 31 December 2014, thereby providing a temporary solution to the identified gap in the health insurance coverage for this particular group of individuals.

Scope and Application

The Health Insurance Act 1973, as amended by the Order under subsection 6(1) dated 15 December 2012, applies specifically to offshore entry persons holding a Bridging E (Class WE) visa. These individuals, who would otherwise not be eligible for the purposes of the Act, are treated as eligible persons for health insurance coverage during their stay in Australia from 25 November 2011 onwards. The term 'offshore entry person' is defined in accordance with the Migration Act 1958, and the Order itself revokes a previous Order (H&A Ref. No. 775) made on 17 April 2012. This particular Order ceases to have effect at midnight on 31 December 2014, thereby limiting its duration and applicability to the specified period.

Key Provisions

The Health Insurance Act 1973 (the Act) has been amended by an Order made under subsection 6(1) to provide specific provisions regarding the eligibility of certain offshore entry persons. Section (1) of the Order declares that any person who is an offshore entry person and holds a Bridging E (Class WE) visa, who would otherwise not qualify as an eligible person under the Act, will be treated as an eligible person for the duration of their stay in Australia from 25 November 2011 onwards. This provision ensures that these individuals are covered under the Act despite their visa status. The term "offshore entry person" is defined as per the Migration Act 1958, with its meaning subject to changes over time as outlined in section (2). The Act imposes certain obligations on these offshore entry persons. Once deemed eligible under the Order, they must comply with all provisions of the Health Insurance Act 1973, which includes the requirement to maintain health insurance coverage. This means they are subject to the same health insurance obligations as any other eligible person under the Act. The Order ensures that these individuals do not fall through the gaps in health coverage, providing them with access to necessary health services and treatments while in Australia. Failure to comply with the requirements of the Act, as outlined in the Order, can result in various consequences. While the specific penalties are not detailed within the text of the Order, it is important to note that breaches of health insurance obligations under the Act can lead to civil and criminal penalties. The exact penalties can vary and are typically detailed in the Act itself or in associated regulations, but they can include fines and, in severe cases, criminal charges. It is crucial for offshore entry persons covered by this Order to ensure they maintain compliance with the health insurance requirements to avoid any potential legal repercussions.