Health ref. no. 817

AUSTRALIAN GOVERNMENT

HEALTH INSURANCE ACT 1973

Health Insurance (Eligible persons and citizens of Italy) Order 2022

I, Nigel Murray, Assistant Secretary, Medical Benefits Division, delegate of the Minister for Health, pursuant to subsection 6(1) of the Health Insurance Act 1973 (‘the Act’), hereby:  

(1)          REVOKE the Health Insurance (Eligible persons and citizens of Italy) Order 2020, made on 27 March 2020; and

(2)          DECLARE that every person included in the class of persons specified in section (4) who, but for this Order, would not be an eligible person for the purposes of the Act shall, for the period from 17 March 2022 until the end of the period of six months after the person’s last entry to Australia be treated as having been or as being an eligible person for the purposes of the Act.

(3)          Where:

(a) a person is in the class of persons specified in section (4) and, but for this Order, would not be an eligible person for the purposes of the Act; and

(b) that person was provided with necessary medical treatment in Australia on or before the end of the period in section (2); and

(c) it is necessary for the treatment to continue after the end of that period;

that person shall be treated as having been or being an eligible person for the purposes of the Act for the period during which that further treatment is necessary.

(4)          The class is each person who:

(a) is a citizen of Italy who is eligible for services under the national health legislation of Italy; and

(b) is lawfully present but not ordinarily resident in Australia.

(5) This Order shall have effect from the 17 March 2022.

Dated this  11 day of March 2022

Nigel Murray

Assistant Secretary

MBS Policy and Specialist Services Branch

Department of Health

ATTACHMENT – STATEMENT OF REASONS

Health Insurance Act 1973

Class Order under Subsection 6(1)

Health Insurance (Eligible persons and citizens of Italy) Order 2022

ORDER NO: 817

DATE OF ORDER: 2022

RELATED ORDERS: 814

NAME OF PERSON OR GROUP: Citizens of Italy

REASONS FOR APPROVAL:

Citizens of Italy who are lawfully present in Australia but not ordinarily resident in Australia are eligible for Medicare upon arrival in Australia, while on a visa that exceeds 6 months

This is an interim measure to address an anomaly in the Australia-Italy Reciprocal Health Care Agreement. Currently, the agreement does not permit a person entering Australia on a visa exceeding a 6 month period to be eligible for Medicare.