Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 783

Overview

The Australian Government Health Insurance Act 1973 was enacted to ensure that Australians have access to reasonably affordable health care services. This legislation was introduced to address the problem of providing health insurance coverage to individuals who are not eligible under the standard provisions of the Act, specifically targeting those who are lawfully resident in Australia but would have been covered by a reciprocal health care agreement in their country of origin. The Act was passed by the Parliament of Australia with the objective of ensuring that eligible individuals, who might otherwise fall through the gaps in coverage, receive necessary health care services in Australia. Under this Act, specific Orders can be made to include persons in the class of eligible individuals, as demonstrated by the Order issued by the Minister for Health in 2014, which extended eligibility to certain visa holders under reciprocal health care agreements until the end of 2017.

Scope and Application

The Health Insurance Act 1973, as amended by this Order under subsection 6(1), pertains to individuals who are lawfully residing in Australia and would have been covered by a reciprocal health care agreement to which Australia is a party prior to their arrival. Specifically, this Order addresses those who hold a subclass 410 visa as an 'established applicant' under the Migration Regulations but would otherwise not be considered eligible persons under the Act. This eligibility extension aligns with the terms of the relevant reciprocal health care agreement, providing these individuals with the same health insurance benefits as those covered by the agreement. The Order is designed to ensure that these residents receive the health coverage they would have been entitled to under their previous country's agreement. The Order is effective from 1 January 2015 to 31 December 2017, providing a temporary solution to a specific eligibility issue during this period.

Key Provisions

The Health Insurance Act 1973 (the Act) is amended by the Order under subsection 6(1) which specifies a class of individuals eligible for health coverage. According to section (a)(i), these are individuals who are lawfully resident in Australia and who, prior to their relocation, were covered under a reciprocal health care agreement between their home country and Australia. Section (a)(ii) clarifies that these individuals must hold a subclass 410 visa as an 'established applicant' as defined in the Migration Regulations. Additionally, section (a)(iii) states that these individuals must meet the criteria of not being eligible for coverage under the Act, but for this Order, they will be treated as eligible (section (a)(iv)). The Order, which is effective from 1 January 2015 to 31 December 2017, aims to ensure that these individuals receive the health benefits as per the reciprocal health care agreement terms (subsection 6(1)). The obligations under this Act for the specified class of individuals include ensuring that they are lawfully residing in Australia, hold the appropriate subclass 410 visa, and meet the eligibility criteria outlined in the reciprocal health care agreement. Additionally, the Australian Government, through the Minister for Health, must administer and oversee the implementation of this Order to ensure compliance with the reciprocal health care agreements. The individuals in this class must also maintain their status as lawful residents and visa holders throughout the period of the Order to remain eligible for the health benefits stipulated. Failure to comply with the provisions of this Order may result in civil or criminal consequences. While the specific penalties are not detailed in the text, it is implied that breaches of the Act or the Order may lead to penalties as outlined in the Health Insurance Act 1973. These penalties can include fines or other sanctions as determined by the courts. Furthermore, any individual found not to meet the eligibility criteria or who fails to maintain their lawful residency or visa status may be subject to deportation or other immigration-related consequences, in addition to losing their eligibility for health coverage under the reciprocal agreement.