H&A Ref. no. 779
COMMONWEALTH OF AUSTRALIA
HEALTH INSURANCE ACT 1973
ORDER UNDER SUBSECTION 6(1)
I, PETER DUTTON, Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act) hereby DECLARE that:
(1) Every person who is an unauthorized maritime arrival or who was not immigration cleared on their last entry to Australia, and who is the holder of a Humanitarian Stay (Temporary) visa (Subclass 449), being a person who, but for this Order, would not be an eligible person for the purposes of the Act shall be treated as being an eligible person for the purposes of the Act.
(2) In this Order the term unauthorised maritime arrival and immigration cleared have the meanings given by the Migration Act 1958, as in force from time to time.
(3) This Order will be taken to have had effect from 1 March 2014 to midnight on
31 December 2014.
Dated this 5th day of March 2014
PETER DUTTON
MINISTER FOR HEALTH
ATTACHMENT - STATEMENT OF REASONS
AUSTRALIAN GOVERNMENT
Health Insurance Act 1973
Class Order under Subsection 6(1)
ORDER NO: 779
FILE NO: 2013/017709
DATE OF ORDER: 5 March 2014
RELATED ORDER: N/A
NAME OF PERSON/GROUP: Unauthorised maritime arrivals holding a Humanitarian Stay (Temporary) visa (Subclass 449)
REASON FOR APPROVAL:
The Humanitarian Stay (Temporary) visa (Subclass 449) (HSTV) is a subclass of the Temporary Safe Haven (Class UJ) visa. It is a generic humanitarian visa that provides temporary stay in Australia primarily for persons displaced or likely to be displaced and who have grave fears for their personal safety.
The Government has decided that people who are not immigration cleared and illegal arrivals to Australia who are found to engage Australia’s protection obligations and satisfy immigration requirements are to be offered access to temporary humanitarian visas. The Minister for Immigration has decided that the only currently available option for illegal arrivals, who are found to engage Australia’s protection obligations and satisfy Government immigration requirements, is a Government invitation to accept a grant of a HSTV, which is a prerequisite to the grant of a Temporary (Humanitarian Concern) visa subclass 786 (THCV) if all other legal requirements are met. At present, HSTVs are granted for up to 12 months from the date of grant, but it is anticipated that many of these can be transitioned to a THCV during this period if they satisfy necessary checks.
As the Government has acknowledged that these cohorts, once checks are satisfied, have engaged Australia’s protection obligations, there are certain provisions under the Refugees Convention that must be met. This includes social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme). Therefore, to ensure Australia meets its obligations it is necessary to ensure that there is Medicare eligibility attached to both the HSTV and THCV. A separate subsection 6(1) order is already in place for the THCV.
Overview
The Health Insurance Act 1973, enacted by the Parliament of Australia, addresses gaps in health insurance coverage for specific groups. It was designed to provide universal access to essential health services, ensuring that all Australians have access to affordable healthcare. This Act serves as the legislative foundation for Medicare, Australia's universal health insurance scheme. The Act was amended to include humanitarian visa holders, ensuring they receive necessary healthcare services. The policy objective is to extend the benefits of Medicare to those who have engaged Australia’s protection obligations, thereby meeting social security provisions under the Refugees Convention. The Government recognises the importance of providing these individuals with access to essential health services to uphold their rights and responsibilities under international agreements.
Scope and Application
The Health Insurance Act 1973 applies to individuals who qualify as eligible persons under the Act, with a specific focus on unauthorised maritime arrivals and those who were not immigration cleared on their last entry to Australia but hold a Humanitarian Stay (Temporary) visa (Subclass 449). These individuals, who would not ordinarily be eligible for the Act, are treated as eligible for the purposes of the Act due to their humanitarian circumstances and the government's commitment to meeting its obligations under the Refugees Convention. This Order, effective from 1 March 2014 to 31 December 2014, ensures that these individuals are granted access to Medicare, thereby fulfilling Australia's social security obligations. The scope of this Order is limited to the specified subclass of humanitarian visas and does not extend to other visa holders or types of arrivals. This Order is an extension of the application of the Health Insurance Act 1973 through subordinate instruments, specifically targeting a subset of humanitarian visa holders to ensure they are eligible for Medicare coverage.
Key Provisions
The key provision of this order under the Health Insurance Act 1973 (the Act) is outlined in subsection 6(1). This provision declares that any individual who is an unauthorized maritime arrival or was not immigration cleared on their last entry into Australia, and who holds a Humanitarian Stay (Temporary) visa (Subclass 449), will be considered an eligible person for the purposes of the Act. This eligibility extends from 1 March 2014 to midnight on 31 December 2014. The terms "unauthorized maritime arrival" and "immigration cleared" are defined according to the Migration Act 1958 as it applies from time to time.
This order imposes certain obligations on the parties it governs. Primarily, it ensures that individuals who would not otherwise be eligible for health insurance under the Act, specifically those unauthorized maritime arrivals and individuals not immigration cleared, are nonetheless granted eligibility if they hold a Humanitarian Stay (Temporary) visa (Subclass 449). This aligns with Australia's obligations under the Refugees Convention, particularly in the realm of social security, which includes provisions for employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities, and other contingencies covered by national laws or regulations.
Failure to comply with the provisions of the Act, as modified by this order, can lead to significant legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, breaches of the Act could potentially result in fines, imprisonment, or other penalties as stipulated by the legislation. The Act provides mechanisms for enforcement and compliance, ensuring that all eligible individuals receive the health benefits to which they are entitled.