Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 792

Overview

The Australian Government Health Insurance Act 1973 was enacted to provide a framework for health insurance in Australia, aiming to ensure equitable access to health services for all citizens and permanent residents. The Act was introduced to address gaps in the existing health insurance system by establishing a universal health insurance scheme known as Medicare. This legislation was passed by the Parliament of Australia with the policy objective of providing affordable and accessible health care to all Australians, reducing the financial burden of medical expenses on individuals and families. This particular Order, issued under subsection 6(1) of the Act, was made by Peter Dutton, the Minister for Health, and it aims to extend the eligibility criteria for health insurance benefits to a specific class of people who would otherwise be excluded. The Order provides that individuals who are unauthorised maritime arrivals or who were not immigration cleared on their last entry to Australia, and who hold a Humanitarian Stay (Temporary) visa (Subclass 449), are to be treated as eligible persons for the purposes of the Act during any period they are in Australia. This Order is effective from 1 January 2015 to 31 December 2017 inclusive, as specified by the Minister.

Scope and Application

The Health Insurance Act 1973 applies to individuals who fall within a particular class, specifically unauthorised maritime arrivals or those not immigration cleared on their last entry to Australia, and holders of a Humanitarian Stay (Temporary) visa (Subclass 449). These individuals are to be treated as eligible persons under the Act for a defined period, namely from 1 January 2015 to 31 December 2017. The definitions of "unauthorised maritime arrival" and "immigration cleared" are sourced from the Migration Act 1958, as amended over time. This Order extends the eligibility for health insurance benefits to these specified individuals, thereby broadening the scope of the Act’s application to include certain humanitarian visa holders who would otherwise not qualify.

Key Provisions

The main operative sections of this Order, made under subsection 6(1) of the Health Insurance Act 1973, establish that certain individuals will be treated as eligible persons for health insurance purposes, despite their immigration status. Specifically, subsection (a) identifies that any person who is an unauthorised maritime arrival or was not immigration cleared on their last entry to Australia, and who holds a Humanitarian Stay (Temporary) visa (Subclass 449), will be considered eligible for health insurance during their stay in Australia. This treatment applies to those who, without this Order, would not meet the eligibility criteria under the Act. The Order imposes specific obligations on these individuals, who must comply with the terms outlined in the Health Insurance Act 1973. These obligations include adhering to the provisions that define an eligible person for health insurance, ensuring they meet the criteria for accessing health services and benefits as stipulated by the Act. It also necessitates these individuals to maintain their Humanitarian Stay (Temporary) visa (Subclass 449) status and remain within Australia during the specified period of the Order. Breaching the terms of this Order can lead to significant legal consequences. While the specific penalties are not detailed in the Order itself, the Health Insurance Act 1973 generally outlines various civil and criminal penalties for non-compliance. These may include fines, imprisonment, or other legal actions as prescribed by relevant legislation. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions under the Migration Act 1958, which defines the terms "unauthorised maritime arrival" and "immigration cleared".