Document ID: chunk:federal_register_of_legislation:F2018N00057:body:0:p2
Version: federal_register_of_legislation:F2018N00057
Segment Type: other
Provision Reference: 
Character Range: 2672–4107

Insurance Act 1973)
Class Order under Subsection 6(1)

ORDER NO: 805

DATE OF ORDER: 2017

RELATED ORDERS: 376, 584, 761, 780

NAME OF PERSON OR GROUP: Spouses, parents or children (of New Zealand               citizens residing permanently in Australia)               who are seeking permanent residence in               Australia

REASONS FOR APPROVAL:

A New Zealand citizen permanently residing in Australia is considered to be an Australian resident for Medicare purposes by virtue of paragraph (c) of  the definition of that term in section 3 of the Health Insurance Act 1973 (the Act). New Zealanders, however, are not required to hold permanent visas.

Where a resident New Zealander has a foreign spouse who applies for permanent residence in Australia, the spouse may not meet the definition of "Australian resident" as the New Zealander is not a holder of a permanent visa as prescribed in subparagraph (v)(A) of the definition.

This creates an anomaly in that the foreign spouses, parents and children of resident New Zealand citizens are not eligible for Medicare under the definition of "Australian resident".

As this was an unintended consequence of the legislation, the issuing of a subsection 6(1) class order is appropriate.

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   Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).