Private Health Insurance Act 2007

CHAPTER 5 - ENFORCEMENT  

PART 5-2 - GENERAL ENFORCEMENT METHODS  

Division 203 - Remedies in the Federal Court  

SECTION 203-65   RELIEF FROM LIABILITY FOR CONTRAVENING AN ENFORCEABLE OBLIGATION  

203-65(1)    
If, in proceedings brought against a person under this Division, it appears to the Federal Court that:

(a)    the person has, or may have:

(i) contravened an ^[*]

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

enforceable obligation; or

(ii) if the person is an ^[*]

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

officer of a private health insurer - failed to take reasonable steps to prevent the insurer from contravening an enforceable obligation; but

(b)    the person has acted honestly and, having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;

the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.

203-65(2)    
A person who thinks that proceedings will or may be begun against the person under this Division may apply to the Federal Court for relief.

203-65(3)    
On an application under subsection (2) , the court may grant relief under subsection (1) as if the proceedings had been begun in the court.

203-65(4)    
For the purposes of subsection (1) as applying for the purposes of a case tried by a judge with a jury:

(a)    a reference in that subsection to the court is a reference to the judge; and

(b)    the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the defendant on such terms as to costs as the judge thinks appropriate.