CHAPTER 5
-
ENFORCEMENT
PART 5-2
-
GENERAL ENFORCEMENT METHODS
Division 200
-
Ministerial directions
History
Div 200 heading substituted by No 87 of 2015, s 3 and Sch 1 item 105, effective 1 July 2015. For transitional provisions, see note under s
3-15
. The heading formerly read:
Division 200
-
Ministerial and Council directions
SECTION 200-1
MINISTER MAY GIVE DIRECTIONS
200-1(1)
If, at any time and for any reason, the Minister considers that it will assist in the prevention of
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
improper discrimination to do so, the Minister may give a direction to a private health insurer requiring it:
(a)
to modify its day-to-day operations in a particular respect; or
(b)
to modify its
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
rules in a particular respect; or
(c)
if the insurer is a
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
restricted access insurer
-
to modify the provisions included in its constitution or
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
rules in order to comply with subsection 15(3) of the
Private Health Insurance (Prudential Supervision) Act 2015
in a particular respect.
Note:
A decision to give a direction is reviewable under Part
6-9
.
History
S 200-1(1) substituted by No 87 of 2015, s 3 and Sch 1 item 107, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 200-1(1) formerly read:
200-1(1)
If, at any time and for any reason:
(a)
the Minister considers that it will assist in the prevention of *improper discrimination to do so; or
(b)
the Council considers that it will assist in the prevention of contraventions of *Council-supervised obligations to do so;
the Minister (if paragraph (a) applies) or Council (if paragraph (b) applies) may give a direction to a private health insurer requiring it:
(c)
to modify its day-to-day operations in a particular respect; or
(d)
to modify its *rules in a particular respect; or
(e)
if the insurer is a *restricted access insurer and the Minister gives the direction
-
to modify the provisions included in its constitution or *rules in order to comply with subsection 126-20(6) in a particular respect.
Note:
A decision to give a direction is reviewable under Part 6-9.
S 200-1(1) amended by No 54 of 2008, s 3 and Sch 2 item 4, by inserting
"
or *rules
"
in para (e), effective 25 June 2008.
200-1(2)
If, at any time and for any reason, the Minister considers that there appears to be a contravention of an
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
enforceable obligation involving
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
improper discrimination by a private health insurer, the Minister may give a direction to the insurer requiring it to address the contravention by:
(a)
modifying its day-to-day operations; or
(b)
modifying its
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
rules; or
(c)
if the insurer is a
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
restricted access insurer
-
modifying the provisions included in its constitution or
[*]
To find definitions of asterisked terms, see the Dictionary in Schedule
1
.
rules in order to comply with subsection 15(3) of the
Private Health Insurance (Prudential Supervision) Act 2015
.
Note:
A decision to give a direction is reviewable under Part
6-9
.
History
S 200-1(2) substituted by No 87 of 2015, s 3 and Sch 1 item 107, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 200-1(2) formerly read:
200-1(2)
If, at any time and for any reason:
(a)
the Minister considers that there appears to be a contravention of an *enforceable obligation involving *improper discrimination by a private health insurer; or
(b)
the Council considers that there appears to be a contravention of a *Council-supervised obligation;
the Minister (if paragraph (a) applies) or Council (if paragraph (b) applies) may give a direction to the insurer:
(c)
requiring it to modify its day-to-day operations; or
(d)
requiring it to modify its *rules; or
(e)
if the insurer is a *restricted access insurer and the Minister gives the direction
-
requiring it to modify the provisions included in its constitution or *rules in order to comply with subsection 126-20(6);
so as to address that contravention.
Note:
A decision to give a direction is reviewable under Part 6-9.
S 200-1(2) amended by No 54 of 2008, s 3 and Sch 2 item 4, by inserting
"
or *rules
"
in para (e), effective 25 June 2008.
200-1(3)
A direction mentioned in subsection
(1)
or
(2)
may, if the Minister considers it proper to do so, include requirements with respect to the reconsideration by the private health insurer of an application or claim made to the insurer and dealt with by it before the direction takes effect.
History
S 200-1(3) amended by No 87 of 2015, s 3 and Sch 1 item 108, by substituting
"
Minister
"
for
"
person who gives the direction
"
, effective 1 July 2015. For transitional provisions, see note under s
3-15
.
200-1(4)
A private health insurer must, in reconsidering an application or claim in accordance with subsection
(3)
, deal with the application or claim as if the direction had been in force at the time when the application or claim was first considered.
200-1(5)
A direction given under this section must be published on the Department
'
s website not later than 5 working days after the direction is given.
History
S 200-1(5) substituted by No 87 of 2015, s 3 and Sch 1 item 109, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 200-1(5) formerly read:
200-1(5)
A direction given under this section must be published:
(a)
if given by the Minister
-
on the Department
'
s website; and
(b)
if given by the Council
-
on the Council
'
s website;
not later than 5 working days after the direction is given.
View history note
Hide history note