Health ref. no.782
AUSTRALIAN GOVERNMENT
HEALTH INSURANCE ACT 1973
ORDER UNDER SUBSECTION 6(1)
(1) I, PETER DUTTON, Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act), hereby:
(a) DECLARE that every person included in the class of persons specified in section (2), being a person who, but for this Order would not be an eligible person, shall be treated as an eligible person for the purposes of the Act.
(b) DECLARE that this Order shall have effect from 1 January 2015 to
31 December 2017 inclusive.
(2) A person who:
(a) is, within the meaning of the Migration Act 1958, the holder of a temporary visa;
(b) is not covered by regulations made under subsection 6A(1) of the Act;
(c) has applied for a permanent visa under the Migration Act 1958 and the application has not been withdrawn or otherwise finally determined;
(d) has not, both:
(i) on or after the relevant day, made an application for a protection visa under the Migration Act 1958 (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
(ii) whether before or after the relevant day, made an application for a parent visa under the Migration Act 1958 (whether or not the person has applied for any other visa and whether or not the application for the parent visa has been withdrawn or otherwise finally determined);
(e) has not, whether before or after the relevant day, made an application for a parent visa under the Migration Act 1958 (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and
(f) in respect of whom the person’s de facto partner is an Australian citizen or the holder of a permanent visa under the Migration Act 1958.
(3) For section (2):
(a) the relevant day is the commencement of paragraph (f) of the definition of Australian resident in the Act; and
(b) de facto partner has the same meaning as in the National Health Act 1953.
Dated this 15th day of December 2014.
PETER DUTTON
MINISTER FOR HEALTH