Commonwealth Numbered Regulations

1995 No. 268 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE 1

                            SCHEDULE 1           Regulation 9

NEW DIVISION 2.5A TO BE INSERTED IN THE MIGRATION REGULATIONS
Division 2.5A-Special provisions relating to certain health criteria Referral
to Medical Officers of the Commonwealth
2.25A. (1) In determining whether an applicant satisfies the criteria for the
grant of a visa, the Minister must seek the opinion of a Medical Officer of
the Commonwealth on whether a person (whether the applicant or another person)
meets the requirements of paragraph 4005 (a), 4005 (b), 4005 (c), 4006A (1)
(a), 4006A (1) (b), 4006A (1) (c), 4007 (1) (a), 4007 (1) (b) or 4007 (1) (c)
of Schedule 4 unless:

   (a)  the application is for a temporary visa and there is no information
        known to Immigration (either through the application or otherwise) to
        the effect that the person may not meet any of those requirements; or

   (b)  the application is for a permanent visa that is made from a country
        that is a country specified by Gazette Notice for the purposes of this
        paragraph and there is no information known to Immigration (either
        through the application or otherwise) to the effect that the person
        may not meet any of those requirements.

(2) In determining whether an applicant satisfies the criteria for the grant
of a Medical Treatment (Visitor) (Class UB) visa, the Minister must seek the
opinion of a Medical Officer of the Commonwealth on whether the applicant
meets the requirements of:

   (a)  subparagraphs 675.221 (2) (f) (i) and 675.221 (2) (g) (i), (ii) and
        (iii) of Schedule 2; or

   (b)  subparagraphs 685.221 (2) (f) (i) and 685.221 (2) (g) (i), (ii) and
        (iii) of Schedule 2; if there is information known to Immigration
        (either through the application or otherwise) to the effect that the
        applicant may not meet any of those requirements or be able to satisfy
        the Minister as to those matters.

(3) The Minister is to take the opinion of the Medical Officer of the
Commonwealth on a matter referred to in subregulation (1) or (2) to be correct
for the purposes of deciding whether a person meets a requirement or satisfies
a criterion. Test to be applied
2.25B. In determining whether or not, during an applicant's proposed period of
stay in Australia, a person's disease or condition would be likely to:

   (a)  result in a significant cost to the Australian community in the areas
        of health care or community services; or

   (b)  prejudice the access of an Australian citizen or permanent resident to
        health care or community services; the Medical Officer of the
        Commonwealth must consider the person's need and eligibility for
        health care or community services, without regard to whether that
        person will use the services.