Private Health Insurance Act 2007

Pt 5-3 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Div 217 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Subdiv 217-E repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 217-55 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 217-55 formerly read:

SECTION 217-55 DEALING WITH REPORTS GIVEN TO THE COUNCIL  
217-55(1)
In deciding whether or not to approve a course of action recommended under subsection 217-50(3), the Council may:
(a) request the *external manager to provide further information on any matter; and
(b) engage any person to assist it in evaluating assessments made, or projections relied on, by the external manager in relation to matters dealt with in the report.

The Council must have regard to the external manager ' s report, and to any additional information provided by the external manager or by any person engaged to assist the Council, in reaching its decision.

217-55(2)
If the Council is satisfied that a course of action recommended by the *external manager under subsection 217-50(3) will, in the circumstances, be in the interests of the *policy holders of the fund, the Council must, by written notice, inform the external manager to that effect and either:
(a) if the course of action is of a kind specified in paragraph 217-50(4)(a) - direct the external manager to apply under subsection 217-60(1) to give effect to the course of action; or
(b) if the course of action is termination of the funds of the private health insurer in question - direct the external manager to apply under subsection 220-1(1) for the appointment of a *terminating manager of the funds.

217-55(3)
If the Council is not satisfied as mentioned in subsection (2), the Council may take a different course of action that the Council is satisfied will, in the circumstances, be in the interests of *policy holders of the fund.

217-55(4)
The courses of action that the Council may take under subsection (3) include:
(a) the Council applying to the Federal Court for an order or orders in relation to the *responsible insurer for the fund implementing a scheme of arrangement concerning the business of the fund; and
(b) the Council applying to the Federal Court for an order or orders for the appointment of a *terminating manager of the *health benefits funds of the responsible insurer.