Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 793

Overview

The Health Insurance Act 1973 was enacted by the Australian Parliament to establish a universal health insurance scheme, known as Medicare, to provide accessible and affordable healthcare to all Australians. This Act aimed to fill the gap in health coverage and ensure that all citizens and eligible permanent residents could access necessary medical services without prohibitive costs. The 2015 Order under subsection 6(1) of the Act, signed by Peter Dutton, Minister for Health, was introduced to extend eligibility for Medicare to holders of a valid Secondary Movement Offshore Entry Visa (Subclass 447) who reside in Australia. This policy objective was to ensure that this specific class of visa holders, who might otherwise be excluded from Medicare, receive the same healthcare benefits as other eligible Australians. The Order was effective from 1 January 2015 to 31 December 2017, providing a temporary measure to address this specific eligibility gap.

Scope and Application

The Australian Government Health Insurance Act 1973, as amended by the Order issued under subsection 6(1) by the Minister for Health, applies to a specific class of individuals who, without this Order, would not qualify as eligible persons under the Act. Specifically, the Order extends eligibility to individuals residing in Australia who hold a valid Secondary Movement Offshore Entry Visa (Subclass 447) under the Migration Act 1958. This legislative measure is in place to ensure that these particular visa holders are treated as eligible persons for the duration of their stay in Australia. The Order is effective from 1 January 2015 to 31 December 2017 inclusive, thereby providing a temporary solution to include this group within the Act's coverage. The Act's application is limited to the geographic and jurisdictional reach of the Commonwealth of Australia, encompassing all states and territories within the nation.

Key Provisions

The Australian Government Health Insurance Act 1973 (the Act) includes provisions for eligibility for health insurance coverage. Section 6(1) of the Act allows the Minister for Health to issue an Order to determine who is considered an eligible person for health insurance purposes. This specific Order, made by Peter Dutton, Minister for Health, declares that individuals who meet certain criteria will be treated as eligible persons for the Act's purposes. Specifically, section (a) of the Order stipulates that any person residing in Australia who holds a valid Secondary Movement Offshore Entry Visa (Subclass 447) under the Migration Act 1958 will be treated as an eligible person, despite not meeting the usual eligibility criteria for the Act. This Order applies from 1 January 2015 to 31 December 2017 inclusive. Under this Order, individuals who reside in Australia and hold a valid Secondary Movement Offshore Entry Visa (Subclass 447) are required to be treated as eligible persons for health insurance coverage under the Act. This means they are entitled to the same health insurance benefits as any other eligible person under the Act. The Order imposes a clear requirement on these individuals to ensure they meet the residency and visa criteria to qualify for eligibility. Additionally, it imposes an obligation on the Minister for Health to ensure that these individuals are recognised as eligible for health insurance coverage within the specified timeframe. Failure to comply with the provisions of this Order could lead to legal consequences. The Act does not explicitly outline specific offences or penalties within the Order itself, but general provisions within the Act may apply to breaches. Typically, non-compliance with orders under the Act could result in civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The maximum penalties are not specified in the Order but are outlined in other sections of the Act, which could include substantial fines for individuals or corporations found in breach of the Act’s provisions.