Commonwealth Numbered Regulations - Explanatory Statements Commonwealth Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
NATIONAL HEALTH AMENDMENT REGULATIONS 2005 (NO. 1) (SLI NO 287 OF 2005)
Select Legislative Instrument 2005 No. 287
Issued by the Authority of the Minister for Health & Ageing
National Health Amendment Regulations 2005 (No. 1)
Subsection 140(1) of the National Health Act 1953 (the Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Subsection 67(4) of the Act defines health insurance business as the business of undertaking liability by way of insurance with respect to hospital treatment, relevant health service or ancillary health benefit. However, paragraph (e) of that definition allows for regulations to be made prescribing activities which are not included in the definition of health insurance business.
Subregulation 48(2B) of the National Health Regulations 1954 (the Principal Regulations) differentiates health insurance business from overseas student health cover, which is not considered health insurance business. It provides that where overseas student health cover is undertaken by a registered health benefits organisation under an overseas student health insurance contract, the liability is not health insurance business.
Subregulation 48(5) provides definitions of overseas student health insurance contract and overseas student for the purposes of subregulation 48(2B). The current definition of overseas student is a person who is the holder of a student visa issued under regulations made under the Migration Act 1958.
Therefore currently, only persons (and their dependents) who hold student visas issued under the Migration Act 1958 are eligible to purchase overseas student health cover offered in accordance with subregulation 48(2B) of the Principal Regulations.
The purpose of the Regulations is to make a new class of persons eligible to purchase overseas student health cover.
The Regulations would amend the definition of overseas student in subregulation 48(5) to broaden eligibility for overseas students (and their dependents) to include persons (and their dependants) who:
This would enable persons on bridging visas to purchase and be covered by overseas student health cover. It would also allow those already covered by overseas student health cover to retain that coverage while their visa status may be changing.
The Regulations would also make some technical amendments to
regulation 48 to combine subregulations 48(3), (4) and (5) in the subregulation 48(3). These amendments would make no change to the practical effect of the Principal Regulations.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
Details of the Regulations are set out in the Attachment.
Representatives of providers of overseas student health cover, medical service providers, the Department of Immigration and Multicultural and Indigenous Affairs, and the Department of Education, Science and Training have been consulted in relation to this amendment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Authority: Subsection 140(1) of the
National Health Act 1953.
ATTACHMENT
Details of the National Health Amendment Regulations 2005 (No. 1)
Regulation 1 – Name of Regulation
This regulation would provide that the name of the Regulations would be the National Health Amendment Regulations 2005 (No. 1).
Regulation 2 – Commencement
This regulation would provide for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of the National Health Regulations 1954
This regulation would provide that the National Health Regulations 1954 (the Principal Regulations) would be amended as set out in the Schedule.
Schedule 1 - Amendment
Item [1] – subregulations 48(3), (4) and (5)
This item combines in new subregulation 48(3) the existing definitions for accident and sickness insurance business, eligible person, overseas student health insurance contract and student visa in the Principal Regulations. Subregulation 48(3) also inserts a new definition for bridging visa and makes a small change to the definition of overseas student.
The effect of these changes is to broaden the eligibility to purchase and be covered by overseas student health cover, or if already covered by overseas student health cover to retain that coverage. Eligibility is extended to persons who: