Private Health Insurance Act 2007

CHAPTER 3 - COMPLYING HEALTH INSURANCE PRODUCTS  

PART 3-3 - REQUIREMENTS FOR COMPLYING HEALTH INSURANCE PRODUCTS  

Division 84 - Enforcement of this Part  

SECTION 84-15  

84-15   REMEDIES FOR PEOPLE AFFECTED BY NON-COMPLYING POLICIES  
On application by the Minister, if the Federal Court is satisfied that:

(a)    a private health insurer has engaged in conduct that contravenes section 63-1 or is an offence against section 84-1 ; or

(b)    both:


(i) a private health insurer has refused or failed to do a thing; and

(ii) that refusal or failure contravenes section 63-1 or is an offence against section 84-1 ;

the court may order the insurer to do either or both of the following:

(c)    take specified action to ensure that an insurance policy becomes a [*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

complying health insurance policy;

(d)    take specified action to ensure that a person insured under an insurance policy is put in the position the person would have been in, had the policy always been a complying health insurance policy.




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