Private Health Insurance Act 2007

Ch 4 heading substituted by No 87 of 2015, s 3 and Sch 1 item 54, effective 1 July 2015. For transitional provisions, see note under s 3-15 . The heading formerly read:

CHAPTER 4 - PRIVATE HEALTH INSURERS

Pt 4-3 repealed by No 87 of 2015, s 3 and Sch 1 item 60, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Div 126 repealed by No 87 of 2015, s 3 and Sch 1 item 60, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 126-20 repealed by No 87 of 2015, s 3 and Sch 1 item 60, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 126-20 formerly read:

SECTION 126-20 DECIDING THE APPLICATION  
126-20(1)
The Council may:
(a) grant the application, subject to such terms and conditions as the Council thinks fit; or
(b) refuse the application.

Note:

Refusals of applications, and granting of applications subject to terms and conditions, are reviewable under Part 6-9.

126-20(2)
In deciding the application, the Council must consider:
(a) whether the applicant will be able to comply with the obligations imposed by or under this Act on private health insurers; and
(b) such other matters as the Private Health Insurance (Registration) Rules require the Council to consider.

126-20(3)
In deciding the application, the Council may consider such other matters as it thinks fit, other than matters that the Private Health Insurance (Registration) Rules prohibit the Council from considering.

126-20(4)
The Council must refuse the application if the *rules of the applicant permit *improper discrimination in relation to the applicant ' s *complying health insurance policies. For the purposes of this subsection, the Council must consult the Secretary of the Department.

 View history note

 Hide history note

History

S 126-20(4) amended by No 180 of 2007, s 3 and Sch 1 item 4, by inserting " in relation to the applicant ' s *complying health insurance policies " , effective 29 September 2007. For transitional provisions, see note under s 270-45(5) .

126-20(5)
If the Council grants the application:
(a) the applicant is taken to have been *registered as a private health insurer under this Part with effect from the date specified by the Council in granting the application (which may be a date that occurred before the application was made); and
(b) if the Council grants the application subject to terms and conditions - the registration is taken to be subject to those terms and conditions from the date on which the applicant is notified of the granting of the application; and
(c) if the applicant sought to be *registered as a for profit insurer - the registration is taken to be registration of the applicant as a for profit insurer; and
(d) if the applicant sought to be registered as a *restricted access insurer - subject to subsection (6), the registration is taken to be registration of the applicant as a restricted access insurer.

126-20(6)
The registration cannot be taken to be registration as a *restricted access insurer unless the insurer ' s constitution or *rules:
(a) describes the *restricted access group to whom the insurer ' s *complying health insurance products are, or will be, available; and
(b) prohibits the insurer from issuing a complying health insurance product to a person who does not belong to the group; and
(c) prohibits the insurer from ceasing to insure a person for the reason that the person has ceased to belong to the group.

 View history note

 Hide history note

History

S 126-20(6) amended by No 54 of 2008, s 3 and Sch 2 item 2, by inserting " or *rules " , effective 25 June 2008.

126-20(7)
A restricted access group is a group of people who all belong to a particular group, based on whether they:
(a) are or were employed in a particular profession, trade, industry or calling; or
(b) are or were employed by a particular employer or by an employer who belongs to a particular class of employers; or
(c) are or were members of a particular profession, professional association or union; or
(d) are or were members of the Defence Force or part of the Defence Force; or
(e) are or were part of any group described in the Private Health Insurance (Registration) Rules.

The partners and *dependent children of people who belong to such a group are also taken to belong to that group.

126-20(8)
Rules made for the purposes of paragraph (7)(e) may describe a group as consisting of one or more classes of people (whether or not the class or classes are described by reference to matters of a kind referred to in paragraphs (7)(a) to (d)).

 View history note

 Hide history note

History

S 126-20(8) inserted by No 26 of 2014, s 3 and Sch 1 item 13, effective 9 April 2014.