Private Health Insurance Act 2007

CHAPTER 3 - COMPLYING HEALTH INSURANCE PRODUCTS  

PART 3-3 - REQUIREMENTS FOR COMPLYING HEALTH INSURANCE PRODUCTS  

Division 84 - Enforcement of this Part  

SECTION 84-15  

84-15   REMEDIES FOR PEOPLE AFFECTED BY NON-COMPLYING POLICIES  
On application by the Minister, if the Federal Court is satisfied that:

(a)    a private health insurer has engaged in conduct that contravenes section 63-1 or is an offence against section 84-1 ; or

(b)    both:


(i) a private health insurer has refused or failed to do a thing; and

(ii) that refusal or failure contravenes section 63-1 or is an offence against section 84-1 ;

the court may order the insurer to do either or both of the following:

(c)    take specified action to ensure that an insurance policy becomes a [*]

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

complying health insurance policy;

(d)    take specified action to ensure that a person insured under an insurance policy is put in the position the person would have been in, had the policy always been a complying health insurance policy.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.