Private Health Insurance Act 2007

CHAPTER 6 - ADMINISTRATION  

PART 6-4 - ADMINISTRATION OF PREMIUMS REDUCTION SCHEME  

Division 279 - Reimbursement of participating insurers and powers of Chief Executive Medicare  

Subdivision 279-A - Reimbursement of private health insurers for premiums reduced under scheme  

SECTION 279-45   RECONSIDERATION OF DECISIONS  

279-45(1)    
A private health insurer that has been given a notice under subsection 279-20(2) or 279-40(3) may request the Chief Executive Medicare to reconsider the decision.

279-45(2)    
The request must:

(a)    set out the reasons for the request; and

(b)    be made within the period of 28 days after the day on which the Chief Executive Medicare gave the notice.

279-45(3)    
As soon as practicable after receiving the request, the Chief Executive Medicare must reconsider the decision and:

(a)    affirm it; or

(b)    vary it; or

(c)    revoke it and make a fresh decision.

Note:

Decisions on reconsideration are reviewable under Part 6-9 .

279-45(4)    
If the Chief Executive Medicare varies the decision or revokes the decision and makes a fresh decision, the decision as varied, or the fresh decision, as the case may be, has effect according to its terms and is taken always to have had that effect from the time when the original decision was made.

279-45(5)    
The Chief Executive Medicare must notify the private health insurer stating the Chief Executive Medicare ' s decision on the reconsideration together with a statement of his or her reasons for the decision.

279-45(6)    
The Chief Executive Medicare is taken, for the purposes of this Part, to have revoked the decision if the Chief Executive Medicare does not notify the private health insurer of his or her decision on the reconsideration within 28 days after receiving the request.