Private Health Insurance Legislation Amendment (Age of Dependants) Act 2021

No. 60, 2021

An Act to amend the Private Health Insurance Act 2007, and for other purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Age Discrimination Act 2004 3

Private Health Insurance Act 2007 3

Private Health Insurance (Prudential Supervision) Act 2015 6

Private Health Insurance Legislation Amendment (Age of Dependants) Act 2021

No. 60, 2021

An Act to amend the Private Health Insurance Act 2007, and for other purposes

[Assented to 29 June 2021]

The Parliament of Australia enacts:
1 Short title

This Act is the Private Health Insurance Legislation Amendment (Age of Dependants) Act 2021.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act 1 April 2021. 1 April 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Age Discrimination Act 2004

 1 Schedule 2 (table item 9A, column headed “Provision(s)”)

Omit “sections 22-15 and 22-25”, substitute “sections 22-5, 22-15, 22-25 and 22-30”.

Private Health Insurance Act 2007

 2 Subsection 22-5(2) (heading)

Omit “Dependent child-only”, substitute “Dependent person-only”.

 3 Subsection 22-5(2)

Omit “*dependent children”, substitute “*dependent persons”.

 4 Subsection 22-5(3)

Omit “*dependent children”, substitute “*dependent persons”.

 5 Paragraph 22-5(4)(c)

Omit “*dependent child”, substitute “*dependent person”.

 6 Subsection 22-15(5) (note 2)

Omit “dependent children”, substitute “dependent persons”.

 7 Paragraph 22-25(1)(b)

Omit “*dependent child”, substitute “*dependent person”.

 8 Subsection 22-25(2)

Omit “*dependent child”, substitute “*dependent person”.

 9 Paragraph 22-30(1)(b)

Omit “*dependent child”, substitute “*dependent person”.

 10 Subsection 63-5(4)

Omit “*dependent child non-student”, substitute “*dependent non-student or *dependent person with a disability”.

 11 Subsection 63-5(4)

After “*dependent children”, insert “or *dependent students”.

 12 Subsection 63-5(4)

Omit “dependent child non-student” (last occurring), substitute “dependent non-student or dependent person with a disability”.

 13 Subsection 63-5(5)

Repeal the subsection.

 14 Paragraph 333-20(1)(a)

Omit “or section”, substitute “, section or Schedule”.

 15 Subsection 333-20(1) (table, heading to column headed “Chapter/Part/section”)

Repeal the heading, substitute:

 16 Subsection 333-20(1) (table item 3, column headed “Chapter/Part/section”)

Omit “and section 188-1”, substitute “, section 188-1 and Schedule 1”.

 17 Clause 1 of Schedule 1 (definition of adult)

Repeal the definition, substitute:

adult:

 a

when used outside Part 2-3—means a person who is not a *dependent person; or

 b

when used in Part 2-3—means a person who is not:

 i

a *dependent child; or

 ii

a *dependent non-student; or

 iii

a *dependent student.

 18 Clause 1 of Schedule 1 (definition of dependent child)

Repeal the definition, substitute:

dependent child means a person who:

 a

is aged under 18; and

 b

does not have a partner.

 19 Clause 1 of Schedule 1 (definition of dependent child non-student)

Repeal the definition.

 20 Clause 1 of Schedule 1

Insert:

dependent non-student means a person who:

dependent person means:

dependent person with a disability means a person:

To avoid doubt, a dependent person with a disability may have a partner.

dependent student means a person who:

 a

is aged between 18 and 31 (inclusive); and

 b

is not receiving full-time education at a school, college or university; and

 c

is a dependent non-student under the *rules of the private health insurer that insures the person; and

 d

does not have a partner.

 a

a *dependent child; or

 b

a *dependent non-student; or

 c

a *dependent person with a disability; or

 d

a *dependent student.

 a

who is aged 18 or over; and

 b

who is:

 i

(i) a person with a disability within the meaning of the expression person with a disability as defined by the Private Health Insurance (Complying Product) Rules; or

 ii

(ii) a person with a disability within the meaning of the expression person with a disability as defined by the *rules of the private health insurer that insures the person.

 a

is aged between 18 and 31 (inclusive); and

 b

is receiving full-time education at a school, college or university; and

 c

is a dependent student under the *rules of the private health insurer that insures the person; and

 d

does not have a partner.

 21 Clause 1 of Schedule 1 (definition of holder)

Omit “*dependent child”, substitute “*dependent person”.

 22 Application

The amendment of paragraph 22-30(1)(b) of the Private Health Insurance Act 2007 made by this Schedule applies in relation to the following days:

Private Health Insurance (Prudential Supervision) Act 2015

 a

1 April 2021;

 b

each later day.

 23 Subsection 4(1) (definition of dependent child)

Repeal the definition.

 24 Subsection 4(1)

Insert:

dependent person has the same meaning as in the Private Health Insurance Act 2007.

 25 Subsection 15(4)

Omit “dependent children”, substitute “dependent persons”.

[Minister’s second reading speech made in—

House of Representatives on 25 February 2021

Senate on 18 March 2021]

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