Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 790

Overview

The Health Insurance Act 1973, enacted by the Australian Parliament, was introduced to establish a universal health insurance system in Australia, providing all citizens and certain residents with access to medical services. The Act aimed to ensure that the healthcare needs of Australians were met through a national scheme that would contribute to a healthier population. A notable gap identified by the Act was the lack of eligibility for health insurance benefits for certain non-citizens residing in Australia, specifically those holding a valid Removal Pending Bridging Visa (subclass 070) under the Migration Act 1958. To address this gap, the Minister for Health, Peter Dutton, issued an Order under subsection 6(1) of the Health Insurance Act 1973, declaring that such non-citizens would be treated as eligible persons for the purposes of the Act from 1 January 2015 to 31 December 2017, thereby extending necessary health benefits to this group during the specified period.

Scope and Application

The Health Insurance Act 1973, as modified by the Order under subsection 6(1), applies to lawful non-citizens residing in Australia who hold a valid Removal Pending Bridging Visa (subclass 070) issued under the Migration Act 1958. This legislative adjustment ensures that these individuals are treated as eligible persons for the purposes of the Health Insurance Act during their stay in Australia. This specific treatment is applicable from 1 January 2015 to 31 December 2017, as outlined in the current Schedule of the Order. The Act's jurisdictional reach is governed by the Commonwealth, and its application is extended to cover these specified non-citizens who would otherwise not meet the eligibility criteria for health insurance under the Act. The Order serves to ensure these individuals receive the necessary health insurance coverage during the specified period, thereby extending the benefits of the Act to this particular group within the Australian population.

Key Provisions

The key provisions of the Health Insurance Act 1973, as declared under subsection 6(1) by the Minister for Health, include a specific order that broadens the eligibility criteria for certain non-citizens residing in Australia. Under this order, lawful non-citizens holding a valid Removal Pending Bridging Visa (subclass 070) under the Migration Act 1958 are treated as eligible persons for the purposes of the Act during the specified period (subsection 6(1)(a)). This eligibility extends to individuals who would otherwise not qualify as eligible persons under the Act. The order is effective from 1 January 2015 to 31 December 2017 inclusive. The Act imposes specific obligations on the parties governed by it, primarily ensuring that lawful non-citizens with a Removal Pending Bridging Visa (subclass 070) are recognised as eligible persons during the specified period. This recognition allows these individuals to access health insurance benefits under the Act, provided they meet the criteria outlined in the current Schedule. The Act also requires the Minister for Health to issue such orders to amend eligibility criteria as needed to ensure that eligible persons are appropriately identified and covered. Breach of the provisions outlined in the order may result in civil or criminal consequences, although the specific offences, penalties, and consequences are not detailed in the text. Generally, under Australian law, breaches of health-related legislation can lead to penalties such as fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act. For instance, under subsection 110(1) of the Health Insurance Act 1973, penalties for fraud or other serious offences can include substantial fines and imprisonment for up to five years. The precise penalties would need to be consulted in the full text of the Act and related regulations.