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Pt 6-2 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015.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Div 250 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015.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S 250-1 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015.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 250-1 formerly read:

SECTION 250-1 INFORMATION-GATHERING  
Information-gathering for Division 241 complaints

250-1(1)
The Private Health Insurance Ombudsman may, for the purposes of:
(a) deciding if, and how, to deal with a complaint made under Division 241; or
(b) mediating a complaint made under Division 241; or
(c) investigating a complaint made under Division 241; or
(d) evaluating action proposed by the subject of a complaint after referral of the complaint to the subject under Subdivision 241-C;

request the subject of the complaint, or an *officer of the subject, to give the Private Health Insurance Ombudsman the *records of the subject (relating to the complaint) that are specified in the request, before the end of the period specified in the request.

Information-gathering for Division 244 investigations

250-1(2)
The Private Health Insurance Ombudsman may, for the purposes of an investigation under Division 244 (including mediating as part of the investigation under Division 247), request the subject of the investigation, or an *officer of the subject:
(a) to give the Private Health Insurance Ombudsman the information (relating to the practices and procedures being investigated) that is specified in the request; or
(b) to give the Private Health Insurance Ombudsman the *records of the subject (relating to the practices and procedures being investigated) that are specified in the request;

before the end of the period specified in the request.

General provisions about information-gathering

250-1(3)
The Private Health Insurance Ombudsman may make one or more requests under subsection (1) or (2) in relation to a complaint or investigation, at any time while the Private Health Insurance Ombudsman is dealing with the complaint or investigation.

250-1(4)
A person to whom a request is made under subsection (1) or (2) may, before the end of the period specified in the request, ask the Private Health Insurance Ombudsman to extend the period specified in the request.

250-1(5)
If the Private Health Insurance Ombudsman refuses to extend the period, the Private Health Insurance Ombudsman must give his or her reasons for refusing.

Note:

A refusal to extend the period is reviewable under Part 6-9.

250-1(6)
A person is not excused from giving information or producing a *record when required to do so under subsection (1) or (2) on the ground that the giving of the information, or the production of the record, might tend to incriminate the person or make the person liable to a penalty. However, the giving of the information, or the production of the record, or anything obtained as a direct or indirect consequence of the giving or production, is not admissible in evidence against the person in any proceedings, other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code .

250-1(7)
A person commits an offence if:
(a) a request is made to the person under subsection (1) or (2); and
(b) the person fails to comply with the request by the end of the period specified in the request or, if that period has been extended, by the end of the extended period.

Penalty: 30 penalty units.

250-1(8)
Strict liability applies to subsection (7).

Note:

For strict liability , see section 6.1 of the Criminal Code .