Private Health Insurance Act 2007

CHAPTER 5 - ENFORCEMENT

PART 5-2 - GENERAL ENFORCEMENT METHODS

Division 191 - Explanation of private health insurer ' s operations

SECTION 191-1 MINISTER MAY SEEK AN EXPLANATION FROM A PRIVATE HEALTH INSURER

191-1(1)
If, having regard to information available to the Minister or to any performance indicators under the Private Health Insurance (Complying Product) Rules, the Minister believes that a private health insurer may have contravened an ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

enforceable obligation, the Minister may write to the private health insurer:

(a) explaining the Minister ' s concerns; and

(b) asking the insurer to explain its operations in relation to those concerns; and

(c) specifying the period within which the Minister requires the insurer ' s response.

191-1(2)
The private health insurer must respond within the specified period, or any longer period that the Minister, in writing before the end of the specified period, allows.

191-1(3)
If the Minister refuses a request by the private health insurer for a longer period to respond, the Minister must state the Minister ' s reasons for refusing.

Note:

Refusals of requests for longer periods to respond are reviewable under Part 6-9.

View history note

History

S 191-1 substituted by No 87 of 2015, s 3 and Sch 1 item 84, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 191-1 formerly read:

SECTION 191-1 MINISTER OR COUNCIL MAY SEEK AN EXPLANATION FROM A PRIVATE HEALTH INSURER
191-1(1)
If:
(a) the Minister believes that, having regard to information available to the Minister or to any performance indicators under the Private Health Insurance (Complying Product) Rules, a private health insurer may have contravened an *enforceable obligation; or
(b) the Council believes that, having regard to information available to the Council, a private health insurer may have contravened a *Council-supervised obligation;
the Minister (if paragraph (a) applies) or the Council (if paragraph (b) applies) may write to the private health insurer:

(c) explaining the writer ' s concerns; and
(d) asking the insurer to explain its operations in relation to those concerns; and
(e) specifying the period within which the writer requires the insurer ' s response.

191-1(2)
The private health insurer must respond within the specified period, or any longer period that the writer, in writing before the end of the specified period, allows.

191-1(3)
If the writer refuses a request by the private health insurer for a longer period to respond, the writer must state the writer ' s reasons for refusing
Note:

Refusals of requests for longer periods to respond are reviewable under Part 6-9.

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