Federal Register of Legislation - Australian Government

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This instrument extends Medicare eligibility to holders of the new Safe Haven Enterprise Visa (SHEV) (subclass 790).
Administered by: Health
Registered 25 Jun 2018

                                                                                                                   H&A Ref. no. 809







Health Insurance (Eligible persons and holders of Safe Haven Enterprise visa) Order 2017




I, GREG HUNT, Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act) hereby DECLARE that:



(a)     Every person included in the specified class of persons:



(i)                 the person resides in Australia; and

(ii)               the person is a holder of a valid Safe Haven Enterprise Visa (subclass 790) issued under the Migration Act 1958,


being a person who, but for this Order, would not be an eligible person for the purposes of the Act shall, during any period in which the person is in Australia, be treated as being an eligible person for the purposes of the Act.



(b)     This Order shall have effect from the date of signature.




Dated this 26th day of October 2017
























Health Insurance Act 1973

Class Order under Subsection 6(1)




ORDER NO:                                                     809


FILE NO:                                                          2013/017709


DATE OF ORDER:                                         2017


RELATED ORDER:                                       789


NAME OF PERSON/GROUP:                       Safe Haven Enterprise Visa (subclass 790)




The Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 amended the Migration Act 1958 to create a new protection visa class to be known as the Safe Haven Enterprise Visa (SHEV).  The Migration Regulations 1994 were amended to prescribe the requirements for a SHEV (subclass 790).  The SHEV commenced operation on 1 July 2015.


The SHEV is an alternative temporary protection visa to the Temporary Protection Visa (TPV) (subclass 785) and provides the same entitlements to services.  It is intended to encourage illegal maritime arrivals, who engage Australia’s protection obligations, to live in regional communities and find work or study, addressing the need to develop the economic and social structure of regional Australia.  The granting of TPVs and SHEVs is part of the Government’s strategy to process a backlog of 30,000 illegal maritime arrival asylum claims (known as the ‘legacy caseload’).  People in the legacy caseload will be able to choose to apply for a TPV or a SHEV.


The 2014-2015 Budget contained a measure to provide support services, including Medicare, to illegal maritime arrivals granted a temporary substantive visa product, including TPVs and SHEVs.  A subsection 6(1) order is already in place for TPVs.  It is, however, necessary to create an additional subsection 6(1) order to extend Medicare eligibility to holders of the new SHEV (subclass 790).       




Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).