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 4-5 heading substituted by No 87 of 2015, s 3 and Sch 1 item 66, effective 1 July 2015. For transitional provisions, see note under s 3-15 . The heading formerly read:

PART 4-5 - OTHER OBLIGATIONS OF PRIVATE HEALTH INSURERS

Div 166 repealed by No 87 of 2015, s 3 and Sch 1 item 71, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 166-25 repealed by No 87 of 2015, s 3 and Sch 1 item 71, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 166-25 formerly read:

SECTION 166-25 COUNCIL MAY DETERMINE THAT PERSONS ARE NOT DISQUALIFIED  
166-25(1)
Despite section 166-15, the Council may determine (in writing) that a person is not a *disqualified person. The Council may do so on its own initiative or on the application of the person.

166-25(2)
However, the Council must not make the determination unless it is satisfied that the person is highly unlikely to be a prudential risk to any private health insurer.

166-25(3)
If a person applies for a determination under this section, the Council must:
(a) either make, or refuse to make, the determination; and
(b) in the case of a refusal, give the person written notice of the refusal.

Note:

Refusals to make determinations are reviewable under Part 6-9.

166-25(4)
The Council may do any of the following:
(a) when making a determination under subsection (1), specify in the determination conditions to which the determination is to be subject;
(b) at any later time while a determination under subsection (1) is in force, make a further determination specifying conditions or additional conditions to which the determination under subsection (1) is to be subject;
(c) at any time make a determination varying or revoking conditions that have been specified under paragraph (a) or (b).

Note:

Decisions to specify, or to vary, conditions are reviewable under Part 6-9.

166-25(5)
A determination takes effect on the day on which it is made.

166-25(6)
The Council must, as soon as practicable after a determination is made, give written notice of the making of the determination, and a copy of the determination, to the person concerned and to any affected private health insurer.

166-25(7)
A notice of a refusal to make a determination, or a notice of the making of a determination that specifies or varies conditions, must state the reasons for the refusal or for the specifying or variation of the conditions, as the case may be.

166-25(8)
The Council may revoke a determination under this section by giving written notice to the person concerned and must give a copy of the notice to any affected private health insurer.

Note:

Revocations of determinations are reviewable under Part 6-9.