Order under Subsection 6(1) of the Health Insurance Act 1973 - H&A Ref No. 777

Overview

The Health Insurance Act 1973 was enacted to provide a framework for the administration of health insurance in Australia, ensuring that all eligible individuals have access to health services. This legislation was introduced to address gaps in the healthcare system by establishing a universal health insurance scheme, Medicare, to provide affordable and accessible healthcare for all Australians. The Act was passed by the Parliament of Australia and aims to achieve equitable access to health services, reducing financial barriers to healthcare for eligible individuals. In 2013, an Order under the Act was made to address the specific needs of unauthorised maritime arrivals, ensuring that individuals with a Bridging E (Class WE) visa, who arrived in Australia after 25 November 2011, are treated as eligible persons for the purposes of the Act, thereby extending healthcare coverage to this vulnerable group until 31 December 2014.

Scope and Application

The Health Insurance Act 1973, as amended by the Order under subsection 6(1), extends its eligibility criteria to include unauthorised maritime arrivals who hold a Bridging E (Class WE) visa. This legislative action ensures that individuals who would otherwise not qualify for the Act due to their immigration status are considered eligible for health insurance benefits during their stay in Australia on or after 25 November 2011. This specific Order, identified by H&A Ref No. 777, serves to treat these individuals as eligible persons for the purposes of the Act until 31 December 2014, thereby offering them access to health insurance coverage. The Order revokes the previous Order with H&A Ref No. 776, which was made under the same subsection of the Act on 15 December 2012, and it comes into effect immediately following the commencement of Schedule 1 to the Migration Amendment (Unauthorised Maritime Arrivals and Other Matters) Act 2013.

Key Provisions

The Health Insurance Act 1973, as declared by Megan Keaney, Delegate of the Minister for Health, contains a specific order that modifies eligibility criteria for health insurance coverage under the Act. According to the order (subsection 6(1)), any individual who is an unauthorised maritime arrival and holds a Bridging E (Class WE) visa will be treated as an eligible person for health insurance purposes (section 1). This treatment applies during any period the individual is in Australia on or after 25 November 2011 (section 1). The term 'unauthorised maritime arrival' is defined by the Migration Act 1958 (section 2). This order, H&A Ref No. 777, replaces an earlier order with H&A Ref No. 776 and will cease to have effect on 31 December 2014 (sections 3 and 4). The Act imposes specific obligations on the parties it governs, particularly concerning eligibility for health insurance. Individuals who are unauthorised maritime arrivals and hold a Bridging E (Class WE) visa must meet the criteria set out in the order to be considered eligible for health insurance under the Act (section 1). This eligibility is retroactive to any period on or after 25 November 2011, ensuring that these individuals receive the same health coverage as other eligible persons. Additionally, the order mandates that the term 'unauthorised maritime arrival' must be interpreted according to the definitions provided in the Migration Act 1958 (section 2). Failure to comply with the provisions of the Health Insurance Act 1973, as outlined in the order, could result in legal consequences. While the Act itself does not specify particular offences, penalties, or consequences for non-compliance, the broader legislative framework within which the Act operates may impose sanctions. Any breaches of the Act could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties would be determined in accordance with other applicable laws and regulations.