CHAPTER 5
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ENFORCEMENT
PART 5-2
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GENERAL ENFORCEMENT METHODS
Division 191
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Explanation of private health insurer
'
s operations
SECTION 191-1
MINISTER MAY SEEK AN EXPLANATION FROM A PRIVATE HEALTH INSURER
191-1(1)
If, having regard to information available to the Minister or to any performance indicators under the Private Health Insurance (Complying Product) Rules, the Minister believes that a private health insurer may have contravened an
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
enforceable obligation, the Minister may write to the private health insurer:
(a)
explaining the Minister
'
s concerns; and
(b)
asking the insurer to explain its operations in relation to those concerns; and
(c)
specifying the period within which the Minister requires the insurer
'
s response.
191-1(2)
The private health insurer must respond within the specified period, or any longer period that the Minister, in writing before the end of the specified period, allows.
191-1(3)
If the Minister refuses a request by the private health insurer for a longer period to respond, the Minister must state the Minister
'
s reasons for refusing.
Note:
Refusals of requests for longer periods to respond are reviewable under Part 6-9.
History
S 191-1 substituted by No 87 of 2015, s 3 and Sch 1 item 84, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 191-1 formerly read:
SECTION 191-1 MINISTER OR COUNCIL MAY SEEK AN EXPLANATION FROM A PRIVATE HEALTH INSURER
191-1(1)
If:
(a)
the Minister believes that, having regard to information available to the Minister or to any performance indicators under the Private Health Insurance (Complying Product) Rules, a private health insurer may have contravened an *enforceable obligation; or
(b)
the Council believes that, having regard to information available to the Council, a private health insurer may have contravened a *Council-supervised obligation;
the Minister (if paragraph (a) applies) or the Council (if paragraph (b) applies) may write to the private health insurer:
(c)
explaining the writer
'
s concerns; and
(d)
asking the insurer to explain its operations in relation to those concerns; and
(e)
specifying the period within which the writer requires the insurer
'
s response.
191-1(2)
The private health insurer must respond within the specified period, or any longer period that the writer, in writing before the end of the specified period, allows.
191-1(3)
If the writer refuses a request by the private health insurer for a longer period to respond, the writer must state the writer
'
s reasons for refusing
Note:
Refusals of requests for longer periods to respond are reviewable under Part 6-9.