Private Health Insurance Act 2007

Pt 6-2 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015.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) .

Div 250 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015.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S 250-10 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015.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 250-10 formerly read:

SECTION 250-10 DISCLOSURE OF PERSONAL INFORMATION  
250-10(1)
This section applies if a person gives a *record, information or a document to the Private Health Insurance Ombudsman, reasonably believing that this would assist the Private Health Insurance Ombudsman in:
(a) mediating a complaint under Division 247 or otherwise dealing with it under Subdivision 241-B or 241-D; or
(b) referring a complaint under section 241-25 or 241-30; or
(c) making a decision under section 241-35 not to deal, or not to continue to deal, with a complaint; or
(d) investigating a matter under section 244-1 or 244-5.

250-10(2)
For the purposes of:
(a) the Privacy Act 1988 ; and
(b) any provision of a law of a State or Territory that provides that *personal information contained in a *record, information or document may be disclosed if the disclosure is authorised by law;

the giving of the record, information or document to the Private Health Insurance Ombudsman is taken to be authorised by this Act.

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History

S 250-10(2) amended by No 197 of 2012, s 3 and Sch 5 item 72, by substituting " to be authorised by this Act " for " to be authorised by law " , effective 12 March 2014. No 197 of 2012, s 3 and Sch 6 items 15 - 19 contain the following transitional and savings provisions:

Part 6 - Provisions relating to Schedule 5 to this Act

15 Saving - guidelines issued under other Acts  
(1)
This item applies to guidelines if:
(a) the guidelines were issued under section 135AA of the National Health Act 1953 or section 12 of the Data-matching Program (Assistance and Tax) Act 1990 ; and
(b) the guidelines were in force immediately before the commencement time.

(2)
The guidelines have effect, after that time, as if they had been rules issued under that section, as amended by Schedule 5 to this Act.

Part 7 - Provisions relating to other matters

16 Pre-commencement complaints  
(1)
This item applies if:
(a) before the commencement time, a complaint about an act or practice was made to the Commissioner under section 36 of the Privacy Act; and
(b) immediately before that time, the Commissioner has not:

(i) decided under Part V of that Act not to investigate, or not to investigate further, the act or practice; or

(ii) made a determination under section 52 of that Act in relation to the complaint.

(2)
Despite the amendments of the Privacy Act made by this Act, the complaint may be dealt with under the Privacy Act after the commencement time as if those amendments had not been made.
17 Pre-commencement own initiative investigations  
(1)
This item applies if:
(a) before the commencement time, the Commissioner commenced an investigation under subsection 40(2) of the Privacy Act; and
(b) immediately before that time, the Commissioner has not finished conducting the investigation.

(2)
Despite the amendments of the Privacy Act made by this Act, the Commissioner may continue to conduct the investigation under the Privacy Act after the commencement time as if those amendments had not been made.
18 Pre-commencement acts and practices  
(1)
This item applies if:
(a) before the commencement time, an act was done, or a practice was engaged in, by an agency or organisation; and
(b) the act or practice may be an interference with the privacy of an individual under section 13 or 13A of the Privacy Act (as in force immediately before that time); and
(c) immediately before that time:

(i) the individual has not made a complaint about the act or practice to the Commissioner under section 36 of that Act; and

(ii) the Commissioner has not decided to investigate the act or practice under subsection 40(2) of that Act.

(2)
Despite the amendments of the Privacy Act made by this Act, the individual may, after the commencement time, complain to the Commissioner about the act or practice, and the complaint may be dealt with, under the Privacy Act as if those amendments had not been made.

(3)
Despite the amendments of the Privacy Act made by this Act, the Commissioner may, after the commencement time, investigate the act or practice under subsection 40(2) of the Privacy Act as if those amendments had not been made.
19 Regulations may deal with transitional etc. matters  
19
The Governor-General may make regulations dealing with matters of a transitional, application or saving nature relating to the amendments made by this Act.