Jersey R & O 7532
ACT 1986 REGARDING HEALTH CARE AGREEMENT WITH AUSTRALIA
AGREEMENT ON HEALTH
SERVICES BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF AUSTRALIA
____________
The Government of
the United Kingdom of Great Britain and Northern Ireland and the Government of
Australia;
Desirous of
providing immediately necessary medical treatment for residents of the
territory of one Party temporarily in the territory of the other Party;
Have agreed as
follows:
ARTICLE 1
(1) For
the purposes of this Agreement:
(a) “medical
treatment” means:
(i) in relation to
the United Kingdom and to the Isle of Man, treatment by services provided under
national health legislation administered by health authorities or by the Isle
of Man Health Services Board, respectively;
(ii) in relation to the
Island of Jersey, hospital-based medical, nursing, ophthalmic and
pharmaceutical services, provided by the Public Health Committee of the States
of Jersey;
(iii) in relation to the Bailiwick
of Guernsey, hospital treatment as provided by the Board of Health of the
States of Guernsey; and
(iv) in relation to Australia,
medical and hospital services provided, or in respect of which a benefit is
payable, under the Health Insurance Act 1973, the National Health Act 1953 and
any agreements or determinations made under the Health Insurance Act 1973 for
and in relation to the provision in the States and Territories of Australia of
hospital services and other health services.
(b) “resident”
means:
(i) in relation to
the territory of the United Kingdom, a person who is ordinarily resident in any
part of the territory of the United Kingdom; and
(ii) in relation to
Australia, a person who is an Australian resident, for the purposes of the Health
Insurance Act 1973.
(c) “proof of
residence” means:
(i) in relation to
the territory of the United Kingdom or any part of that territory, a current
United Kingdom passport, including a passport issued in the Isle of Man, Jersey
or Guernsey, or as appropriate one of the following:
(aa) National Health Service Medical
Card in the case of Great Britain and the Isle of Man;
(bb) Health Service Medical Card in the case
of Northern Ireland;
(cc) certificate issued by the Social
Security Committee of the States of Jersey;
(dd) proof of insurance issued by the Guernsey
States Insurance Authority or other proof of residence in the Bailiwick of
Guernsey; and
(ii) in relation to the
territory of Australia, a current Australian passport or a current Medicare
card.
(d) “territory”:
(i) in relation to
the United Kingdom shall be construed as including the Isle of Man and the
Island of Jersey and the Bailiwick of Guernsey: and
(ii) in relation to
Australia shall be construed as excluding all external territories other than
the territories of Cocos (Keeling) Islands and Christmas Island.
(e) a reference to the
national health legislation of a Party is a reference to the legislation under
which medical treatment is provided.
(2) For
the purposes of this Agreement, unless the context otherwise requires, other
words and expressions used in the Agreement have the meanings assigned to them
respectively under the national health legislation of the Parties.
(3) This
Agreement shall apply also to any legislation which replaces, amends,
supplements or consolidates the national health legislation of a Party.
ARTICLE 2
(1) This
Agreement applies to a resident of the territory of one Party who is able to
provide proof of residence and who is either:
(a) temporarily in the
territory of the other Party; or
(b) the head or a member of
the staff of a diplomatic mission or consular post established there by the
first-mentioned Party or a member of the family of that person, being a member
who forms part of the household of that person.
(2) This
Agreement does not apply to a resident of the territory of one Party who enters
the territory of the other Party for the specific purpose of seeking treatment
unless that person is a member of the crew or passenger on any ship, vessel or
aircraft travelling to, leaving from, or diverted to the territory of the other
Party and the need for the treatment arose during the voyage or flight.
(3) In
paragraph (1), “temporarily in the territory” means:
(a) in relation to the
territory of the United Kingdom, present but not ordinarily resident in that
territory; and
(b) in relation to the
territory of Australia, present in that territory for a period not exceeding 6
months.
ARTICLE 3
A resident of the
territory of one Party, being a person to whom this Agreement applies, who
needs immediate medical treatment while in the territory of the other Party,
shall be provided with such medical treatment as is clinically necessary for
the diagnosis, alleviation or care of the condition requiring attention, on
terms no less favourable than would apply to a resident of the latter
territory.
ARTICLE 4
(1) Neither
Party shall be liable to make any payment to the other Party in respect of
medical treatment provided in accordance with this Agreement.
(2) Any
charge which falls due in respect of medical treatment provided in the
territory of a Party by virtue of this Agreement shall be borne by the person
in respect of whom the medical treatment is provided.
(3) Each
Party shall send to the other as soon as possible details of any changes in
laws or regulations in force in their respective territories which may
significantly affect the nature and scope of services provided under this
Agreement.
(4) The
Parties may agree, at any time, to amend this Agreement.
(5) Matters
relating to the interpretation or application of this Agreement shall be
resolved by consultation between the Parties.
ARTICLE 5
(1) This
Agreement shall enter into force on the first day of July 1986 and shall remain
in force until the expiration of 12 months from the date on which either Party
receives from the other written notice through the diplomatic channel of its
intention to terminate this Agreement.
(2) In
the event that this Agreement is terminated in accordance with paragraph (1),
the Agreement shall continue to have effect in relation to medical treatment
which had been or was being provided prior to or at the expiry of the period of
the notice referred to in that paragraph.
In witness
thereof the undersigned, duly authorised thereto, have signed this Agreement.
Done in duplicate
at London this twenty-first day of March 1986.
|
For the Government of the United Kingdom of Great Britain and
Northern Ireland.
|
For the Government of Australia.
|
|
TIM EGGAR MP
|
DR. NEAL BLEWETT
|
|
Parliamentary Under Secretary for
Foreign and Commonwealth Affairs.
|
Minister of Health.
|