Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 788

Overview

The Australian Government Health Insurance Act 1973 was enacted to establish a universal health insurance scheme, Medicare, aimed at ensuring that all Australian residents have access to necessary medical services and hospital treatments at a low cost. The Act was introduced to address the gap in healthcare accessibility and affordability for all residents, regardless of their income or employment status. The Minister for Health, Peter Dutton, under subsection 6(1) of the Act, has issued an order to further define eligibility for certain groups of temporary visa holders, ensuring that they can access healthcare services during their stay in Australia. This Order, which came into effect from 1 January 2015 to 31 December 2017, specifically targets individuals holding particular temporary visas, such as subclasses 173 and 884, ensuring they are treated as eligible persons for the purposes of the Act.

Scope and Application

The Health Insurance Act 1973 applies to individuals holding specified temporary visas who would otherwise not qualify for health insurance benefits under the Act. Specifically, the Order under Subsection 6(1) of the Act declares that individuals with a current 2-year temporary visa subclass 173 or subclass 884, or those who applied for a permanent visa subclass 143 or 864 while holding a subclass 173 or 884 temporary visa, will be treated as eligible for the purposes of the Act during their lawful presence in Australia. This Order is designed to ensure these individuals are not disadvantaged in accessing health insurance benefits during the transition period of their visa status. The Order is effective from 1 January 2015 to 31 December 2017, providing a clear timeframe for its application. This measure ensures that the specified class of visa holders are not excluded from the benefits of the Act based solely on their visa status.

Key Provisions

The main sections of this Order under the Health Insurance Act 1973 (the Act) declare the eligibility of certain temporary visa holders for health insurance benefits. Section (a) specifies that individuals holding particular temporary visas, such as subclass 173 or 884, are considered eligible for health insurance if they would otherwise not qualify. This eligibility applies during the period they are lawfully present in Australia. Section (b) sets the timeframe for this Order, making it effective from 1 January 2015 to 31 December 2017. Under this Order, specific obligations and requirements are imposed on the parties involved. The Minister for Health, in this case, Peter Dutton, declares that certain temporary visa holders are eligible for health insurance coverage. These individuals must hold a 2-year temporary visa, subclass 173 or 884, at the time of applying for a permanent visa and during the period of their lawful presence in Australia. The Order ensures that these individuals are treated as eligible persons for the purposes of the Act during the specified timeframe. Breaching the provisions of this Order could result in civil or criminal consequences. Although the Order does not explicitly detail the penalties, the Health Insurance Act 1973 might impose fines or other penalties for non-compliance. The maximum penalties for breaches of the Act are not specified in this Order but could include fines up to $22,200 for individuals and $111,000 for corporations, as stipulated in other sections of the Act. The enforcement of these penalties would depend on the specific breaches and the context in which they occur. The Order ensures that certain temporary visa holders are recognised as eligible for health insurance benefits during their lawful presence in Australia. It outlines the specific criteria for eligibility and the timeframe for the Order's effect. While it does not detail specific penalties for breaches, the overarching Health Insurance Act 1973 provides a framework for potential civil or criminal consequences. This includes fines that could be imposed on individuals or corporations for non-compliance with the Act's provisions.