Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT 1978 No. 89 of 1978 - SECT 4

4. After section 5 of the Principal Act the following section is inserted:
Certain persons to be privately insured persons in respect of a period
''5A. (1) A person may make application, in accordance with a form approved by
the Minister, for a declaration under this section that the person is a
declared person in respect of a particular period.

''(2) The Minister may require the applicant to furnish to the Minister such
further information with respect to the subject matter of the application as
the Minister specifies.

''(3) Where an applicant satisfies the Minister that, in respect of a period,
he-

   (a)  had, or has, adequate coverage against liability to pay medical,
        hospital or nursing home expenses in respect of himself or his
        dependants (if any); or

   (b)  had, or has, an entitlement to the provision of adequate medical,
        hospital and nursing home care in respect of himself and his
        dependants (if any), not being a coverage or entitlement that arose,
        or arises, whether wholly or in part by virtue of the operation of
        this Act, the Minister shall, by writing signed by him, declare that
        the applicant is a declared person for the purposes of this section in
        respect of a period specified in the declaration, being the whole or a
        part of that first-mentioned period.

''(4) For the purposes of this Act-

   (a)  a declared person shall be deemed to be, or to have been, a privately
        insured person in respect of any prescribed period that coincides
        with, or is included in, the declaration period in relation to the
        person; and

   (b)  a person who is a dependant of a declared person during the whole of
        any period that coincides with, or is included in, a prescribed period
        in relation to the declared person, being a prescribed period that
        coincides with, or is included in, the declaration period in relation
        to the declared person, shall be deemed to be, or to have been, a
        privately insured person in respect of that first-mentioned period.

''(5) Where, after the declaration of a person as a declared person, the
Minister, having regard to-

   (a)  further information that has come to his notice with respect to the
        declared person; or

   (b)  a change that has occurred in the circumstances of the declared
        person, is satisfied that-

   (c)  the declared person should never have been declared a declared person;
        or

   (d)  the declared person should have been declared a declared person in
        respect of a period (in this sub-section referred to as 'the revised
        period') other than the period specified in the declaration, the
        Minister shall, by writing signed by him-

   (e)  revoke the declaration of the declared person; and

   (f)  where he is satisfied that the person to whom the revoked declaration
        related should have been declared a declared person in respect of the
        revised period-make a declaration under sub-section (3) declaring that
        person to be a declared person for the purposes of this section in
        respect of the revised period.

''(6) Where a declaration is revoked under sub-section (5), the declaration
shall, for the purposes of this Act, be deemed never to have been made.

''(7) A declared person shall notify the Minister, in writing, of any change
in the circumstances of the person as set out by him in his application under
sub-section (1), in any document furnished by him to the Minister for the
purposes of that application or in a notification under this sub-section,
being a change that occurs during, or affects, the declaration period in
relation to him.

Penalty: $200.

''(8) In this section, unless the contrary intention appears-

'applicant' means an applicant under sub-section (1);

'declaration' means a declaration made under sub-section (3);

'declaration period', in relation to a declared person, means the period
specified in the declaration relating to that person;

'declared person' means a person who is a declared person for the purposes of
this section;

'period', in relation to an applicant, does not include any period before 1
July 1978;

'prescribed period', in relation to a declared person, means-

   (a)  any period during which the person is, or was, outside Australia,
        other than-

        (i)    a period during which the person, being an officer of the
               Australian Public Service is, or was, employed at a place
               outside Australia or is, or was, outside Australia in the
               course of his duties;

        (ii)   a period during which the person, being an officer of the
               Public Service of a State whose conditions of remuneration in
               respect of service outside Australia are, in the opinion of the
               Minister, comparable to those of an officer of the Australian
               Public Service of corresponding status, is, or was, employed at
               a place outside Australia or is, or was, outside Australia in
               the course of his duties; or

        (iii)  a period during which the person is, or was, employed by the
               Commonwealth, as locally engaged staff, at a place outside
               Australia and, as such, is, or was, entitled to the provision
               by the Commonwealth of health care, or to the re-imbursement by
               the Commonwealth of medical and hospital expenses, for himself
               and his dependants (if any); or

   (b)  any period during which the person, not being a permanent resident of
        Australia, is, or was, in Australia.''.