Private Health Insurance Act 2007

S 323-10(1) substituted by No 57 of 2015, s 3 and Sch 1 item 17, effective 1 July 2015. For transitional provisions, see note under s 323-10(1A) . S 323-10(1) formerly read:

323-10(1)
For the purposes of subsection 323-1(3), a person to whom subsection (2) applies may disclose information to another such person if:
(a) the information relates to any or all of the following:

(i) a private health insurer;

(ii) an applicant to become a private health insurer;

(iii) a person carrying on *health insurance business;

(iv) a *director or *officer of a person mentioned in subparagraph (i), (ii) or (iii); and

(b) the information is not information of a kind specified in the Private Health Insurance (Information Disclosure) Rules as information that must not be disclosed under this section; and
(c) the disclosure is made in accordance with any requirements in the Private Health Insurance (Information Disclosure) Rules.

S 323-10(1A) amended by No 87 of 2015, s 3 and Sch 1 item 179, by inserting para (d) and (e), effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 323-10(1A) inserted by No 57 of 2015, s 3 and Sch 1 item 17, effective 1 July 2015. No 57 of 2015, s 3 and Sch 1 items 25-27 and 29 - 31 contain the following transitional provisions:

25 Definitions  
25
In this Part:

commencement day
means the day this item commences.

Health Minister
means the Minister administering the Private Health Insurance Act 2007 .

26 Things done by, or in relation to, the Private Health Insurance Ombudsman before the commencement day  
(1)
If, before the commencement day, a thing was done by, or in relation to, the Private Health Insurance Ombudsman under the Private Health Insurance Act 2007 , then the thing is taken, on and after that day, to have been done by, or in relation to, the Private Health Insurance Ombudsman under the Ombudsman Act 1976 .

(2)
The Health Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Private Health Insurance Ombudsman before the commencement day.

(3)
A determination made under subitem (2) is not a legislative instrument.
27 Things started but not finished by the Private Health Insurance Ombudsman before the commencement day  
(1)
This item applies if:
(a) before the commencement day, the Private Health Insurance Ombudsman started doing a thing under the Private Health Insurance Act 2007 ; and
(b) immediately before that day, the Private Health Insurance Ombudsman had not finished doing that thing.

(2)
The Private Health Insurance Ombudsman may, on and after the commencement day, finish doing the thing under the Ombudsman Act 1976 .

(3)
The Health Minister may, by writing, determine that subitem (2) does not apply in relation to a specified thing started by the Private Health Insurance Ombudsman before the commencement day.

(4)
A determination made under subitem (3) is not a legislative instrument.

…
29 Transfer of records  
(1)
This item applies to any records or documents that, immediately before the commencement day, were in the possession of the Private Health Insurance Ombudsman or a member of the staff assisting the Private Health Insurance Ombudsman referred to in subsection 253-45(1) of the Private Health Insurance Act 2007 .

(2)
The records and documents are to be transferred to the Office of the Commonwealth Ombudsman on or after the commencement day.

Note:

The records and documents are Commonwealth records for the purposes of the Archives Act 1983 .

30 Disclosure of information  
30
For sections 323-1 and 323-40 of the Private Health Insurance Act 2007 , a disclosure of information is an authorised disclosure if the disclosure is:
(a) made in the course of performing a duty or function, or exercising a power, under Part IID of the Ombudsman Act 1976 ; or
(b) one that the person would have been able to make under the Ombudsman Act 1976 , had the information been obtained in the course of performing a duty or function, or exercising a power, under the Ombudsman Act 1976 . 31 Transitional rules  
(1)
The Health Minister may, by legislative instrument (and subject to subitem (2)), make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.

(2)
To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty provision;
(b) provide:

(i) powers of arrest or detention; or

(ii) powers relating to entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) amend this Act.

(3)
This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

S 323-10(2) amended by No 87 of 2015, s 3 and Sch 1 item 154, by repealing para (d) and (e), effective 1 July 2015. For transitional provisions, see note under s 3-15 . Para (d) and (e) formerly read:

(d) a member of the Council;

(e) a person employed, or a consultant engaged, by the Council;

S 323-10(2) amended by No 57 of 2015, s 3 and Sch 1 item 18, by repealing para (f) and (g), effective 1 July 2015. For transitional provisions, see note under s 323-10(1A) . Para (f) and (g) formerly read:

(f) the Private Health Insurance Ombudsman;

(g) an APS employee in, or a person holding or performing the duties of an office in, the Statutory Agency of the Private Health Insurance Ombudsman;

S 323-10(2) amended by No 32 of 2011, s 3 and Sch 4 item 535, by substituting para (h) and (i), effective 1 July 2011. Para (h) and (i) formerly read:

(h) the Medicare Australia CEO;

(i) an APS employee in, or a person holding or performing the duties of an office in, Medicare Australia.