Health ref. no. 799

AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

Health Insurance (Eligible persons and holders of Temporary Protection 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 Temporary Protection Visa (subclass 785) 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

GREG HUNT

MINISTER FOR HEALTH

ATTACHMENT - STATEMENT OF REASONS

Health Insurance Act 1973

Class Order under Subsection 6(1)

ORDER NO: 799

DATE OF ORDER: 2017

RELATED ORDERS: 392, 444, 468, 504, 551,709, 771, 789

NAME OF PERSON/GROUP: Temporary Protection Visa Subclass 785

REASON FOR APPROVAL:

In 2000, the Government decided that holders of the Temporary Protection Visa subclass 785 (TPVs) who were lawfully in Australia would be eligible to access Medicare.

Subclass visa 785 is issued to people found to have legitimate claims to be refugees. At present, it is issued to people who have come to Australia illegally, but have subsequently been found to have legitimate claims to refugee status.

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).