Health ref. no. 798

AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

Health Insurance (Eligible persons Reciprocal Health Care Agreements and holders of subclass 410 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) The persons included in the specified class, being persons who:

(i)                 are lawfully resident in Australia; and

(ii)               prior to taking up residence in Australia would have been covered by a reciprocal health care agreement to which Australia is a party; and

(iii)            hold a subclass 410 visa as an ‘established applicant’ within the meaning of the Migration Regulations; and

(iv)             but for this Order, would not be treated as eligible persons,

 shall be treated as having been eligible persons for the purposes of the Act according               to the terms of the relevant reciprocal health care agreement;

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

Dated this    26th    day of October 2017

GREG HUNT

MINISTER FOR HEALTH

ATTACHMENT – STATEMENT OF REASONS

Health Insurance Act 1973

Class Order under Subsection 6(1)

ORDER NO: 798

DATE OF ORDER: 2017

RELATED ORDERS: Individual orders: 336, 337, 428, 487, 506,               512, 515, 516, 548, 555, 558, 559, 566, 567,               570, 571, 583, 586, 592, 600, 636, 647, 655,               659, 669, 673, 674, 707, 713, 717, 725, 727

 Class orders: 758, 772, 783

NAME OF PERSON OR GROUP: 410 (Temporary) Retirement Visa

 Holders (who applied prior to December 1998)

REASONS FOR APPROVAL:

410 visa holders from countries which Australia has Reciprocal Health Care Agreements (RHCAs) were originally entitled to health care access by virtue of these agreements.  However, from 1 December 1998, all 410-visa holders were excluded from eligibility for RHCA Medicare. This decision was based on legal advice which indicated that 410 visa holders could be considered to be resident in Australia and therefore not entitled to coverage under RHCAs. In addition, they also do not meet the definition of “Australia resident” in the Health Insurance Act 1973, and accordingly, are not eligible for Medicare under the Act.

The British High Commission raised concerns regarding the removal of Medicare access for holders of subclass 410 visas who previously had access to Medicare up until 1 December 1998. As a result, a decision was made to issue a subsection 6(1) Order to allow specific    pre-December 1998 applicants to retain their access to Medicare. These persons are referred to as “established applicants” and are the class to which this Order grants Medicare eligibility according to the terms of the relevant RHCA.

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).