Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 782

Overview

The Health Insurance Act 1973, enacted by the Australian Parliament, was established to provide a framework for the administration of health insurance in Australia. This legislation aims to ensure that all eligible individuals have access to health services funded by the government. The Act was introduced to address the gap in health coverage for specific groups, ensuring equitable access to healthcare services. The 2015 Order under subsection 6(1) of the Act, signed by Peter Dutton, Minister for Health, serves to extend eligibility to certain temporary visa holders who meet specific criteria, such as having applied for a permanent visa but not being covered by other regulations. This Order, effective from 1 January 2015 to 31 December 2017, aims to bridge the health coverage gap for these individuals, ensuring they are treated as eligible persons for the purposes of the Act.

Scope and Application

The Australian Government Health Insurance Act 1973, as amended by this Order under subsection 6(1), applies to persons who meet specific criteria related to their visa status and migration history. Specifically, the Order extends eligibility to individuals who hold a temporary visa under the Migration Act 1958, are not covered by regulations made under subsection 6A(1) of the Act, have applied for a permanent visa under the Migration Act 1958 without it being withdrawn or finally determined, and have not applied for a protection or parent visa under the Migration Act 1958 on or after the relevant day, or before that day for a parent visa, unless the application has been withdrawn or finally determined. Furthermore, the Order applies to those whose de facto partner is either an Australian citizen or a holder of a permanent visa under the Migration Act 1958. This Order is effective from 1 January 2015 to 31 December 2017 inclusive, and it does not extend or restrict application through subordinate instruments beyond the specified criteria and time frame.

Key Provisions

The key operative sections of this legislation declare that individuals who fit within a specific class of persons will be treated as eligible persons for the purposes of the Health Insurance Act 1973 (section 1). This eligibility extends to those who are holders of temporary visas under the Migration Act 1958, have applied for a permanent visa and not withdrawn it, and have not applied for a protection visa or a parent visa, among other conditions (section 2). The Order is effective from 1 January 2015 to 31 December 2017 (section 2). The Act imposes several obligations and requirements on the parties it governs. It specifies that the eligibility criteria must be strictly adhered to, ensuring that only those who meet all the stipulated conditions are treated as eligible persons. These requirements include verifying the visa status, the absence of certain visa applications, and the relationship status of the individual's de facto partner (section 2). Additionally, it mandates that the Order is in effect for the specified period from 1 January 2015 to 31 December 2017 (section 2). Any breach of this Order may result in civil or criminal consequences. The maximum penalties for such breaches, as stipulated under the Act, may include fines and imprisonment. However, the exact nature and extent of these penalties are not explicitly detailed within the provided text of the Order. The specific enforcement mechanisms and the extent of legal repercussions would be determined by the relevant judicial authorities in accordance with the broader legislative framework governing health insurance and related visa regulations.