{"id":"F2022L00618","name":"Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022","slug":"migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102423,"registerId":"commonwealth-F2022L00618-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022","content":"![logo for Department of Home Affairs](image.001.jpeg)\n\nLIN 22/014\n\nMigration (Excluded health care and community services) Instrument (LIN 22/014) 2022\n\nI, Dr Gideon Gouws, Chief Medical Officer and delegate of the Minister, make this instrument under subclauses 4005(3) and 4007(1B) of the Migration Regulations 1994 (the Regulations).\n\nDated 14 April 2022\n\nDr Gideon Gouws\n\nChief Medical Officer\n\nDepartment of Home Affairs\n\n1 Name\n\nThis instrument is the Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022.\n\n2 Commencement\n\nThis instrument commences on the day after registration on the Federal Register of Legislation.\n\n3 Definitions\n\nIn this instrument:\n\n> health care card or pensioner concession card is a card issued under a law of the Commonwealth.\n\n> National Disability Insurance Scheme has the meaning given by the National Disability Insurance Scheme Act 2013.\n\n> pharmaceutical benefits scheme has the meaning given by the National Health Act 1958.\n\n> social security payment has the meaning given by the Social Security Act 1991.\n\n4 Specified health care and community services\n\nFor subclauses 4005(3) and 4007(1B) of Schedule 4 to the Regulations, the following health care and community services are specified:\n\n(a) social security payments;\n\n(b) benefits derived from holding a health care card or pensioner concession card;\n\n(c) provision of pharmaceuticals listed under the pharmaceuticals benefits scheme that if the person ceases to take would not be seriously detrimental to their life or wellbeing;\n\n(d) services provided under the National Disability Insurance Scheme.\n\n5 Repeal\n\nSPECIFICATION OF HEALTH CARE AND COMMUNITY SERVICES (IMMI 11/073) (F2011L02242) is repealed.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs a narrow, technical function consistent with its original purpose under the Migration Regulations. It simply updates the list of excluded services (replacing a 2011 instrument) without expanding into new policy areas. The scope remains limited to specifying which health/community services are disregarded for visa health assessments."},"complexity_factors":["Very short document — only 5 sections and 4 defined terms","No nested exceptions or conditional logic beyond a single qualifier in paragraph 4(c) ('that if the person ceases to take would not be seriously detrimental')","Minimal cross-referencing — only references to two subclauses numbers in the Migration Regulations and definitions pointing to other Acts","Straightforward structure: name, commencement, definitions, operative provision, repeal","No transitional provisions, review mechanisms, or administrative procedures"],"plain_english_summary":"This instrument tells decision-makers which health and community services must be ignored when assessing whether a visa applicant would exceed Australia’s “significant cost” threshold. It excludes social security payments, health-care and pensioner concession card benefits, certain PBS medicines (provided stopping them wouldn’t seriously harm life or wellbeing), and NDIS services. It protects visa applicants with health conditions or disabilities—and the assessors who decide their eligibility—by preventing refusals based solely on use of mainstream welfare, medicines or disability supports."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Clause 5 repeals the previous specification (SPECIFICATION OF HEALTH CARE AND COMMUNITY SERVICES (IMMI 11/073)), and clause 4 sets out the current list of excluded services (social security payments; benefits from health care or pensioner concession cards; certain PBS pharmaceuticals; NDIS services). Because the instrument expressly replaces the earlier specification (cl.5), its scope as framed in this instrument supersedes the prior instrument. A detailed comparison of the two texts is required to identify any narrower or broader substantive changes."},"complexity_factors":["Cross‑references to external legislation and regulations: the instrument operates under subclauses 4005(3) and 4007(1B) of Schedule 4 to the Migration Regulations 1994 (instrument header) and relies on statutory definitions from the National Disability Insurance Scheme Act 2013, National Health Act 1958 and Social Security Act 1991 (cl.3).","Delegated administrative decision‑making: the instrument is made by the Chief Medical Officer as delegate of the Minister (instrument header), indicating ministerial delegation and departmental implementation responsibility.","Medical judgment embedded in a legal test: clause 4(c) specifies PBS pharmaceuticals that 'if the person ceases to take would not be seriously detrimental to their life or wellbeing' — this creates a clinical assessment point that agencies must apply.","Broadly framed categories with interpretation needs: terms like 'benefits derived from holding a health care card or pensioner concession card' (cl.3 definition and cl.4(b)) require operational guidance to determine which card‑linked benefits qualify.","Administrative coordination and data requirements: applying exclusions across social security, PBS and NDIS (cl.4) will require cross‑agency information and systems to identify and treat excluded services consistently.","Repeal and replacement risk: the instrument repeals a prior specification (cl.5), so practitioners must compare versions to identify substantive changes and transitional application.","Concise drafting increases interpretive burden: the instrument is short and lists categories without detailed examples or thresholds, leaving scope for case‑by‑case administrative or judicial interpretation."],"plain_english_summary":"This instrument identifies which health care and community services are treated as “excluded” for specific Migration Regulations, and so determines which types of public support are treated differently when assessing non-citizens under those rules. It affects people assessed under those Migration Regulation provisions (for example, visa applicants or holders) and replaces a prior specification, changing which payments, card‑based benefits, prescription supplies and disability supports are captured by that exclusion."}},"importantCases":[],"_links":{"self":"/api/acts/migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022","history":"/api/acts/migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022/history","analysis":"/api/acts/migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022/analysis","conflicts":"/api/acts/migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022/conflicts","importantCases":"/api/acts/migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022/important-cases","documents":"/api/acts/migration-excluded-health-care-and-community-services-instrument-lin-22-014-2022/documents"}}