Order under Subsection 6(1) of the Health Insurance Act 1973 - Health Ref No. 796

Overview

The Australian Government Health Insurance Act 1973 was enacted to provide for the operation of the Australian Government Rebate on private health insurance. This Act addresses the gap in affordable health care coverage for Australian residents by ensuring that the government provides rebates to eligible individuals who have private health insurance. The Act was enacted by the Australian Parliament with the policy objective of making private health insurance more affordable and accessible to the general population. The Act allows for the government to contribute to the cost of private health insurance, thereby encouraging more people to take out private health cover and relieving some of the financial burden associated with private health care. The Act is designed to support the broader health care system by reducing the number of people who rely solely on the public health system, thereby easing the pressure on public resources.

Scope and Application

The Australian Government Health Insurance Act 1973, as declared by the Delegate for the Minister for Health, applies specifically to Maltese citizens who are ordinarily resident in Malta but are not holders of a student visa under the Migration Act 1958. This legislation also extends to individuals who are included as dependents on a Maltese passport or an Identity Card issued under the Identity Card Act 1975, provided they are lawfully present but not ordinarily resident in Australia. These persons are granted eligibility for the purposes of the Act for a period not exceeding six months after their last entry to Australia, thereby allowing them access to certain health benefits and services. This order, which is effective from 11 September 2015 to 31 December 2017, ensures that these eligible individuals can receive the necessary health care coverage during their temporary stay in Australia.

Key Provisions

The Australian Government Health Insurance Act 1973, under subsection 6(1), provides specific provisions regarding the eligibility of certain individuals for health insurance. Section 6(1) of the Act allows the Minister for Health to declare eligible classes of persons for a limited period. In this case, the delegate for the Minister, Natasha Ryan, has declared that individuals who are citizens of Malta, ordinarily resident in Malta, holders of a current Maltese passport or Identity Card, and not holders of a student visa under the Migration Act 1958, will be treated as eligible for health insurance for up to six months after their last entry into Australia, provided they are not ordinarily resident in Australia (subsection 6(1)(a)). This declaration is effective from 11 September 2015 to 31 December 2017. This declaration imposes specific obligations on the eligible individuals. These individuals must ensure that they meet the criteria outlined in the declaration and maintain their status as non-residents in Australia. Additionally, they must apply for health insurance within the specified period to ensure they receive the benefits outlined under the Act. The declaration also requires these individuals to provide evidence of their eligibility, such as their Maltese passport or Identity Card, to the relevant authorities. Failure to comply with the requirements of this declaration may result in civil or criminal consequences. While the specific penalties are not detailed in the declaration, breaches of the Health Insurance Act 1973 can lead to fines or imprisonment under the relevant sections of the Act. The severity of the penalties depends on the nature and extent of the breach, and it is essential for eligible individuals to adhere strictly to the terms and conditions set forth in the declaration to avoid any legal repercussions.