Private Health Insurance Act 2007

Pt 6-2 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015. For transitional provisions, see note under s 323-10(1A) .

Div 253 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015. For transitional provisions, see note under s 323-10(1A) .

S 253-50 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015. For transitional provisions, see note under s 323-10(1A) . S 253-50 formerly read:

SECTION 253-50 ANNUAL REPORT  
253-50
The annual report prepared by the Private Health Insurance Ombudsman and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:
(a) the number and nature of complaints received under section 241-1;
(b) the outcomes of any actions taken, recommendations made or investigations conducted in relation to such complaints;
(c) the outcomes in relation to complaints referred to another body under section 241-30;
(d) the number and nature of investigations (if any) conducted by the Private Health Insurance Ombudsman under section 244-1;
(e) the number and nature of requests (if any) by the Minister under section 244-5 that the Private Health Insurance Ombudsman conduct an investigation;
(f) the outcomes of investigations conducted under sections 244-1 and 244-5.

S 253-50 substituted by No 62 of 2014, s 3 and Sch 11 item 63, effective 1 July 2014. No 62 of 2014, s 3 and Sch 14 items 1 - 6 contain the following transitional and application provisions:

1 Corporate and strategic plans  
1
An amendment made by an item of Schedules 7 to 13 to this Act that relates to a corporate plan or a strategic plan (however described) applies in relation to reporting periods that commence on or after 1 July 2015. 2 Annual reports  
2
An amendment made by an item of Schedules 7 to 13 to this Act that relates to an annual report applies in relation to reporting periods that commence on or after 1 July 2014. 3 Disclosing interests  
(1)
This item applies (subject to subitem (3)) if:
(a) before this item commences, a person discloses an interest in accordance with a provision in an Act; and
(b) the provision is:

(i) amended; or

(ii) repealed; or

(iii) repealed and substituted;

by an item of Schedules 7 to 13 to this Act.

(2)
The person is taken to have disclosed the interest in accordance with section 29 of the PGPA Act and rules made for the purposes of that section.

(3)
This item does not apply in relation to amendments or repeals of provisions of the following Acts:
(a) the Administrative Appeals Tribunal Act 1975 ;
(b) the Fair Work Act 2009 ;
(c) the Family Law Act 1975 ;
(d) the Federal Circuit Court of Australia Act 1999 ;
(e) the Federal Court of Australia Act 1976 ;
(f) the Native Title Act 1993 .
4 Saving instruments in force at commencement time  
(1)
This item applies if:
(a) a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and
(b) an instrument made under, or for the purposes of, the provision is in force immediately before the commencement time; and
(c) the provision is:

(i) amended; or

(ii) repealed and substituted;

by an item of Schedules 7 to 13 to this Act; and
(d) after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.

(2)
If the provision is amended, the amendment referred to in subparagraph (1)(c)(i) does not affect the continuity of the instrument.

(3)
If the provision is repealed and substituted, the instrument is taken, after the commencement time, to have been made under, or for the purposes of, the provision as substituted.
5 Amendments to legislative instruments  
5
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a legislative instrument (the amending instrument ) if:
(a) the amending instrument is made under an Act (the enabling Act ); and
(b) the amending instrument amends another legislative instrument made under the enabling Act; and
(c) the amendment is consequential on:

(i) the amendments or repeals made by this Act; or

(ii) the enactment of this Act or the PGPA Act.

6 Transitional rules  
(1)
The Finance Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)
In particular, for paragraph (1)(a), rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act or the PGPA Act.

(3)
Rules made for the purposes of this item may provide that, in or in relation to the first reporting period that commences on or after 1 July 2014, this Act, the PGPA Act or any other Act has effect with any modifications prescribed by the rules.

(4)
This Act does not limit the rules that may be made under this item.

S 253-50 formerly read:

SECTION 253-50 ANNUAL REPORT  
253-50(1)
The Private Health Insurance Ombudsman must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the operations during that year of the office of the Private Health Insurance Ombudsman.

Note:

See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about annual reports.

253-50(2)
The Private Health Insurance Ombudsman must include in the report:
(a) the number and nature of complaints received under section 241-1; and
(b) the outcomes of any actions taken, recommendations made or investigations conducted in relation to such complaints; and
(c) the outcomes in relation to complaints referred to another body under section 241-30; and
(d) investigations (if any) conducted by the Private Health Insurance Ombudsman under section 244-1; and
(e) requests (if any) by the Minister under section 244-5 that the Private Health Insurance Ombudsman conduct an investigation; and
(f) the outcomes of investigations conducted under sections 244-1 and 244-5.