Commonwealth legislation

Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

4/10 complexity

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.

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Current sections

Direct links to the current provisions in Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022.

Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022

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LIN 22/014

Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022

I, 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).

Dated 14 April 2022

Dr Gideon Gouws

Chief Medical Officer

Department of Home Affairs

1 Name

This instrument is the Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022.

2 Commencement

This instrument commences on the day after registration on the Federal Register of Legislation.

3 Definitions

In this instrument:

health care card or pensioner concession card is a card issued under a law of the Commonwealth.

National Disability Insurance Scheme has the meaning given by the National Disability Insurance Scheme Act 2013.

pharmaceutical benefits scheme has the meaning given by the National Health Act 1958.

social security payment has the meaning given by the Social Security Act 1991.

4 Specified health care and community services

For subclauses 4005(3) and 4007(1B) of Schedule 4 to the Regulations, the following health care and community services are specified:

(a) social security payments;

(b) benefits derived from holding a health care card or pensioner concession card;

(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;

(d) services provided under the National Disability Insurance Scheme.

5 Repeal

SPECIFICATION OF HEALTH CARE AND COMMUNITY SERVICES (IMMI 11/073) (F2011L02242) is repealed.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022

LIN 22/014

Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022

I, 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).

Dated 14 April 2022

Dr Gideon Gouws

Chief Medical Officer

Department of Home Affairs

1 Name

This instrument is the Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022.

2 Commencement

This instrument commences on the day after registration on the Federal Register of Legislation.

3 Definitions

In this instrument:

health care card or pensioner concession card is a card issued under a law of the Commonwealth.

National Disability Insurance Scheme has the meaning given by the National Disability Insurance Scheme Act 2013.

pharmaceutical benefits scheme has the meaning given by the National Health Act 1958.

social security payment has the meaning given by the Social Security Act 1991.

4 Specified health care and community services

For subclauses 4005(3) and 4007(1B) of Schedule 4 to the Regulations, the following health care and community services are specified:

(a) social security payments;

(b) benefits derived from holding a health care card or pensioner concession card;

(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;

(d) services provided under the National Disability Insurance Scheme.

5 Repeal

SPECIFICATION OF HEALTH CARE AND COMMUNITY SERVICES (IMMI 11/073) (F2011L02242) is repealed.