Private Health Insurance Act 2007

CHAPTER 3 - COMPLYING HEALTH INSURANCE PRODUCTS  

PART 3-4 - OBLIGATIONS RELATING TO COMPLYING HEALTH INSURANCE PRODUCTS  

Division 99 - Transfer certificates  

SECTION 99-1   TRANSFER CERTIFICATES  
Certificate for the insured person

99-1(1)    
A private health insurer (the old insurer ) must, if a person ceases to be insured under a ^[*]

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

complying health insurance policy of the insurer and does not become insured under another policy of the insurer, give the person a certificate under this subsection:

(a)    in the ^[*]

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

approved form; and

(b)    within the period set out in the Private Health Insurance (Complying Product) Rules.

Certificate for the new insurer

99-1(2)    
A private health insurer (the new insurer ) must request a certificate from an old insurer if:

(a)    a person who is or has been insured under a ^[*]

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

complying health insurance policy of the old insurer ^[*]

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

transfers to a complying health insurance policy of the new insurer; and

(b)    the person does not give the new insurer the certificate the old insurer gave the person under subsection (1) within 7 days of becoming insured by the new insurer.

The request must be made:

(c)    in the ^[*]

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

approved form; and

(d)    within the period set out in the Private Health Insurance (Complying Product) Rules.

99-1(2A)    
A private health insurer must not request a certificate except in the circumstances set out in subsection (2) .

99-1(3)    
If a certificate is requested by the new insurer (whether or not the request is in the ^[*]

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

approved form or made within the period mentioned in paragraph (2)(d) ), the old insurer must give the new insurer a certificate:

(a)    in the approved form; and

(b)    within the period set out in the Private Health Insurance (Complying Product) Rules.

Offence

99-1(4)    
A private health insurer commits an offence if:

(a)    the insurer is required to do a thing under subsection (1) , (2) or (3) ; and

(b)    the insurer does not do the thing.

Penalty: 60 penalty units.

99-1(5)    
Strict liability applies to subsection (4) .

Note:

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