Health Insurance (Eligible persons - holders of Humanitarian Stay (Temporary) Visa (Subclass 449)) Order 2021 (Cth)

Health ref. no.815

AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

Health Insurance (Eligible persons - holders of Humanitarian Stay (Temporary) Visa (Subclass 449)) Order 2021

I, TRAVIS HASLAM, Acting First Assistant Secretary, Medical Benefits Division, Health Resourcing Group, delegate for the Minister for Health and Aged Care, pursuant to subsection 6(1) of the Health Insurance Act 1973 (the Act) hereby DECLARE that:

(1) Every person included in the specified class of persons to whom clause (2) applies, 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.

(2) This clause applies to a person who:

(a) is the holder of a Humanitarian Stay (Temporary) visa (Subclass 449) that was granted on or after 19 August 2021 and the circumstances in which, or reasons why, the visa holder or other member of the family unit met the primary criteria for the visa relate directly or indirectly to the deteriorating security situation in Afghanistan; or

(b) the child of a person mentioned in subclause (1)(a) and who:

(i) was born in Australia; and

(ii) is taken to have been granted a Humanitarian Stay (Temporary) visa (Subclass 449) because of section 78 of the Migration Act 1958.

(3) However, clause (2) does not apply to a person who is an unauthorised maritime arrival or who was not immigration cleared on their last entry to Australia, as those terms are defined in the Migration Act 1958.

(4) This Order shall be taken to have commenced on 19 August 2021

Dated this 3rd day of September 2021