Migration (Excluded Health Care and Community Services) Instrument (LIN 22/014) 2022, dated 14 April 2022, specifies the health care and community services for subclauses 4005(3) and 4007(1B) of Schedule 4 to the Regulations that are excluded from costs assessment by a Medical officer of Commonwealth (MOC) in relation to certain temporary visa applications, under PIC 4005 and 4005.
Subclauses 4005(1) and 4007(1) of Schedule 4 to the Regulations provide that an applicant must be free from a disease or condition which is likely to require health care or community services and result in an insignificant cost to the Australian community, irrespective of whether such services are actually used. This instrument specifies the excluded health care and community services from the assessment of the health criteria, under PIC 4005 and 4007, by a Medical officer of Commonwealth (MOC) in relation to all temporary visas that are subject to the health criteria, other than specified temporary visas that provide a pathway to permanent residence. The following health care and community services are specified:
- Social security payments;
- Benefits derived from holding a health care card or pensioner concession card;
- 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;
- Services are provided under the National Disability Insurance Scheme.
The health care and community services specified in this instrument are provided by the Australian government to Australian citizens and permanent residents and generally are not available to temporary visa holders, therefore, reasonable to exclude these costs from a MOC’s considerations.
The instrument also repeals the Specification of Health Care and Community Services (IMMI 11/073).
The instrument is registered on the Federal Register of Legislation on 20 April 2022 and commenced on 21 April 2022. It is currently in force.
To access the instrument, click here.
