KEY DATES AND REFERENCES
Commenced	4 July 2010
Signed	4 July 2010
Status	Current
Revoked	Direction No. 34

Direction No. 47 - Required health assessments

 

JD_Directions499-No47-RequiredHealthAssessmentsJD_legend_current_maPop02011DIRECTION NO. 47

MIGRATION ACT 1958

JD_legend_current_maPop02012DIRECTION UNDER SECTION 499

 

Required Health Assessments

PREAMBLE:

Persons seeking a visa to travel to Australia must, in most circumstances, satisfy the Health Requirement.

The Health Requirement specified in the visa criteria, and as prescribed in JD_legend_current_maPop02013Schedule 4 of the Migration Regulations 1994, is intended to ensure that:

 •      risks to public health in the Australian community are minimised;

•      public expenditure on health and community services is contained; and

•      Australian residents have access to health and other community services.

Protection of public health is a very high priority, and to ensure this we must enforce rigorous and consistent health screening procedures.

The Australian Government uses a health screening regime that is appropriately matched to each applicant based on the applicant’s country of citizenship, length of stay, intended activities onshore and declared or identified health conditions.

In order to screen for active Tuberculosis, the Department uses a chest x-ray as the preferred screening tool based on advice from the Department of Health and Ageing and the National Tuberculosis Advisory Council. An effective Immigration health screening program has contributed to Australia having one of the lowest rates of tuberculosis prevalence in the world.

The Minister must seek the opinion of a Medical Officer of the Commonwealth (MOC), on whether a person meets certain health requirements. To satisfy this requirement Medical Officers of the Commonwealth may request applicants to undertake additional tests in order to clarify their health status.

 

INTRODUCTION

The purpose of this direction is to ensure that applicants applying for a visa are requested to undergo where appropriate, the medical tests prescribed in Procedures Advice Manual 3 - Regulations - Schedule 4 - Public interest criteria 4005 - 4007 (the Health PAM).

 

 THEREFORE

I, Chris Evans, the Minister for Immigration and Citizenship, hereby give the following Direction under section 499 of the Migration Act to any person or body having functions or powers under the Act.

1.  In this Direction

•  "The Act" means the Migration Act, 1958,

•  "The Regulations" mean regulations made under the Act,

2.  The Direction may be cited as Direction No 47 of 2010.

3.  Section 60 of the Act provides that if the health or physical or mental condition of an applicant for a visa is relevant to the grant of a visa, I have the discretionary power to require the applicant to visit and be examined by a specified person, being a person qualified to determine the applicant's health, physical condition or mental condition. This direction instructs delegates exercising powers or performing functions under subsection 60(1) of the Act to ask certain visa applicants to be examined by a specified person as outlined in the Health PAM.

4.  Subject to paragraphs 7 and 10, delegates exercising powers or performing functions under subsection 60(1) of the Act should require applicants for permanent visas to visit, and be examined by, persons qualified to conduct chest x-rays, medical examinations and HIV tests.

5.  Subject to paragraphs 7 and 10, delegates exercising powers or performing functions under subsection 60(1) of the Act should require applicants for temporary visas to visit, and be examined by, persons qualified to conduct the minimum health assessments specified in the table of form 1163i that are relevant to the applicant.

6.  In certain circumstances a delegate, on advice from a MOC, or as a result of information made known to the department, may inform an applicant that a required test be omitted, a substitute test used, or additional tests undertaken.

7.  Delegates may consider additional medical evidence from visa applicants other than that prescribed in this Direction. This evidence may be considered in addition to the results obtained from the tests outlined in paragraphs 4 and 5.

8.  Delegates should refer to the Health PAM for specific examples, but generally should not require a visa applicant to visit, and be examined by, a person qualified to conduct:

(i)  a chest x-ray if the applicant is under 11 years of age;

(ii)  a chest x -ray if the applicant is pregnant;

(iii)  an HIV test if the applicant is under 15 years of age, unless the delegate considers the test would be appropriate in the circumstances.

9.  Delegates should advise applicants that they are to visit, and be examined by, the relevant specified person within a specified reasonable time; usually within 28 days of the date of request, and at a specified reasonable place.

10.  The following exception applies to the policy outlined in paragraphs 4 and 5. This includes:

a.  Applicants who show that they have already undertaken medical examinations, provided that:

i.  the results of these medical examinations are sufficient evidence of the applicant satisfying the relevant health criteria for the purposes of the visa application being considered; and

ii.  the assessing officer is satisfied that the results will still be valid at the time of decision on the current visa application being considered .

 

Dated:    4 July 2010

 

CHRIS EVANS

Minister for Immigration and Citizenship