Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003

Overview

The Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003, as amended, was enacted to address the problem of ensuring that certain temporary visa holders in Australia have access to necessary health care services by qualifying them for Health Care Cards. This legislative instrument was made under subsection 1061ZO(7) of the Social Security Act 1991 by the Parliament of Australia and aims to provide equitable access to health care for those in vulnerable circumstances, particularly those awaiting the outcome of their visa applications or those in temporary protection. The declaration specifies the classes of temporary visa holders who are eligible for Health Care Cards, including those with applications for permanent visas and those under temporary protection, humanitarian, or safe haven visas, provided they meet certain conditions such as having a family member who is an Australian citizen or permanent resident, or having the authority to work in Australia.

Scope and Application

The Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003, as amended, applies to certain individuals who are in Australia and hold specific temporary visas, including temporary protection visa holders and other specified humanitarian visa holders. This legislation was made under the Social Security Act 1991 and outlines the criteria for eligibility for a Health Care Card, specifically for those who are temporary visa holders in certain circumstances. The eligibility criteria include holding a temporary visa and having applied for a permanent visa that has not been finally determined, among other conditions. The declaration also applies to holders of specific humanitarian visas, such as the subclass 448, 449, 786, and 790 visas. The geographic reach of this legislation is limited to Australia, and it applies at the Commonwealth level. The declaration is in force from its date of commencement and can be amended through subordinate instruments, as evidenced by the Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Amendment Declaration 2015.

Key Provisions

The Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003 (the "Declaration") establishes the eligibility criteria for certain temporary and humanitarian visa holders to qualify for a Health Care Card under the Social Security Act 1991 (the "Act"). Specifically, section 4 of the Declaration identifies three categories of visa holders who are eligible for a Health Care Card: temporary visa holders who have applied for a permanent visa but have not been granted one (subsection 4(1)); temporary protection visa holders (subsection 4(2)); and holders of specific humanitarian visas (subsection 4(3)). These individuals must meet certain conditions, such as having a qualifying family relationship or work rights in Australia. The obligations imposed by the Declaration on the parties it governs primarily revolve around the eligibility criteria for Health Care Card entitlements. Visa holders who meet the criteria specified in section 4 of the Declaration are eligible to apply for a Health Care Card, which entitles them to certain health-related benefits and concessions. The onus is on the visa holder to ensure they meet the eligibility requirements and provide any necessary documentation to substantiate their application. Breach of the requirements or misrepresentation of facts in an application for a Health Care Card can lead to various consequences. Under section 1061ZO(7) of the Act, the Minister for Social Services may cancel a Health Care Card if it was issued in contravention of the Act or the regulations. Additionally, section 1061ZD(1) of the Act provides that a person who makes a false statement or representation in an application for a Health Care Card commits an offence and may be subject to a penalty. The maximum penalty for such an offence is 200 penalty units, which equates to approximately AUD 22,000 as of the time of writing. The declaration itself does not specify detailed penalties but refers to the broader provisions in the Act that apply in such cases.