Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 10AA

             (1)  For the purposes of this section and sections 10AB to 10AE inclusive, the following are the members of a person's family:

                     (a)  the person's spouse;

                     (b)  any dependent child of the person or of the person's spouse.

             (2)  Subject to subsection (3), a family member may apply to the Medicare Australia CEO at any time, in accordance with a form approved by the Medicare Australia CEO, for registration of the family, and the Medicare Australia CEO must register the family accordingly.

             (3)  An application for registration must list the names of all family members.

             (4)  If, at any time, a person becomes a member of a registered family, that person, or any family member acting on that person's behalf, may apply to the Medicare Australia CEO in accordance with a form approved by the Medicare Australia CEO, for a variation in the registration to add the new family member, and the Medicare Australia CEO must vary the registration accordingly.

             (5)  If, at any time, a person ceases to be a member of a registered family, that person, or any family member acting on that person's behalf, may apply to the Medicare Australia CEO, in accordance with a form approved by the Medicare Australia CEO, for a variation in the registration to delete that person, and the Medicare Australia CEO must vary the registration accordingly.

             (6)  A person is not entitled to be simultaneously treated as a member of more than one registered family unless:

                     (a)  the person is a child; and

                     (b)  the person is a dependent child in relation to persons in more than one registered family.

             (7)  In this section:

"child" means a person who:

                     (a)  is under 16; or

                     (b)  is a student child.

"dependent child" , in relation to any person, means:

                     (a)  a child under 16 who is:

                              (i)  in the custody, care and control of that person; or

                             (ii)  where no other person has the custody, care and control of the child--is wholly or substantially in the care and control of the first‑mentioned person; or

                     (b)  a student child who is wholly or substantially dependent on the person.

"spouse" , in relation to a person, means:

                     (a)  a person who is legally married to, and is not living, on a permanent basis, separately and apart from, that person; and

                     (b)  a de facto partner of the person who is not living, on a permanent basis, separately and apart from the person.

"student child" means a person who:

                     (a)  is 16 or more, but under 25; and

                     (b)  is receiving full‑time education at a school, college or university.