S 241-35 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015. For transitional provisions, see note under s
323-10(1A)
. S 241-35 formerly read:
SECTION 241-35 DECIDING NOT TO DEAL WITH A COMPLAINT
241-35(1)
The Private Health Insurance Ombudsman may decide not to deal, or not to continue to deal, with a complaint in accordance with this section. If the Private Health Insurance Ombudsman so decides, he or she must:
(a)
tell the complainant of the decision and the reasons for the decision; and
(b)
if requested by the complainant
-
give the complainant written notice of the decision and the reasons for the decision.
241-35(2)
The Private Health Insurance Ombudsman may decide not to take any action in relation to a complaint if the incident to which the complaint relates occurred more than 12 months before the complaint is made.
241-35(3)
The Private Health Insurance Ombudsman may decide not to deal with a complaint if he or she is satisfied that the complainant has not taken reasonable steps to negotiate a settlement of the complaint with the subject of the complaint.
241-35(4)
The Private Health Insurance Ombudsman may decide not to deal, or not to continue to deal, with a complaint if the complainant does not agree to a matter relating to the complaint being referred to another body under section 241-30.
241-35(5)
The Private Health Insurance Ombudsman may decide not to deal, or not to continue to deal, with a complaint, if he or she believes that:
(a)
the subject of the complaint has dealt, or is dealing, adequately with the complaint, or has not yet had an adequate opportunity to do so; or
(b)
the Private Health Insurance Ombudsman has dealt adequately with the complaint; or
(c)
the complainant is capable of assisting the Private Health Insurance Ombudsman in dealing with the complaint but does not do so on request; or
(d)
the complainant does not have a sufficient interest in the subject matter of the complaint; or
(e)
the matter is trivial; or
(f)
the complaint is frivolous or vexatious or was not made in good faith; or
(g)
the complaint is mainly about commercial negotiations and, having regard to the object of this Part, it is not appropriate to deal, or to continue to deal, with the complaint; or
(h)
the complaint is mainly about clinical matters and, having regard to the object of this Part, it is not appropriate to deal, or continue to deal, with the complaint; or
(i)
the complainant has exercised, or exercises, a right to have the matter to which the complaint relates reviewed by a court or tribunal constituted by or under a law of the Commonwealth or of a State or Territory; or
(j)
both:
(i)
the complainant has, or had, a right to have the matter to which the complaint relates reviewed by a court or by a tribunal constituted by or under a law of the Commonwealth or of a State or Territory, but has not exercised that right; and
(ii)
it is, or would have been, reasonable for the complainant to exercise that right.
View history note
Hide history note