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Health Legislation Amendment (Private Health Insurance) Bill 2006

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4989

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Health Legislation Amendment (Private Health Insurance) Bill 2006

 

 

 

(1)     Schedule 1, page 6 (after line 7), after item 11, insert:

11A  After paragraph 82ZRC(b)

Insert:

                   (ba)  and to refer matters to the Australian Competition and Consumer Commission or to other bodies for inquiry.

[referrals to ACCC]

(2)     Schedule 1, page 16 (after line 16), after item 70, insert:

70A  Heading of Division 4

Omit the heading, substitute:

Division 4 — Health Insurance Commission may conduct investigations, refer matters to ACCC or other bodies

[inquiries]

(3)     Schedule 1, page 21 (after line 32), after item 82, insert:

82A  After section 82ZTBB

Insert:

82ZTBC  Health Insurance Ombudsman may refer matters to Australian Competition and Consumer Commission

                   The Health Insurance Ombudsman may on his or her own initiative refer by notice in writing a specified matter or specified matters concerning charges by health care providers to the Australian Competition and Consumer Commission for inquiry and report.

[referrals to ACCC]

(4)     Schedule 1, page 21 (after line 32), after item 82, insert:

82B  After section 82ZTBB

Insert:

82ZTBD  Minister may refer matters to Australian Competition and Consumer Commission

                   The Minister may refer by notice in writing a specified mater or specified matters concerning charges by health care providers to the Australian Competition and Consumer Commission for inquiry and report.

[referrals to ACCC]

(5)     Schedule 1, page 21 (after line 32), after item 82, insert:

82C  After section 82ZTBB

Insert:

82ZTBE  Health Insurance Ombudsman may refer matter to other body

                   If in the Health Insurance Ombudsman’s opinion it is more appropriate for a specified matter or specified matters concerning charges by health care providers to be referred to a body other than the Australian Competition and Consumer Commission, the Health Insurance Ombudsman may refer by notice in writing, that specified matters or those specified matters to that other body for inquiry and report.

[referral to other body]

(6)     Schedule 1, page 21 (after line 32), after item 82, insert:

82D  After section 82ZTBB

Insert:

82ZTBF  Minister may refer matters to other body

                   If in the Minister’s opinion it is more appropriate for a specified matter or specified matters concerning changes by health care providers to be referred to a body other than the Australian Competition and Consumer Commission, the Minister may refer by notice in writing that specified matter or those specified matters to that other body for inquiry and report.

[referral to other body]

(7)     Schedule 1, page 21 (after line 32), after item 82, insert:

82E  After section 82ZTBB

Insert:

82ZTBC  Inquiries by other bodies

                   If a specified matter is or specified matters are referred to another body under section 82ZTBE or 82ZTBF:

                     (a)  the other body must if it agrees to hold the inquiry appoint by instrument in writing a person to preside at the inquiry;

                     (b)  however if the other body is a group of two or more individuals the Minister must by instrument in writing appoint one of those individuals to preside at the inquiry;

                     (c)  the Minister must, as soon as practicable after confirmation that the other body will hold the inquiry, cause a statement to be tabled in each House of the Parliament;

                     (d)  specifying that the body will hold the inquiry, and

                     (e)  giving the reasons the body, rather than the Australian Competition and Consumer Commission, has been requested to hold the inquiry.

[inquiries]

(8)     Page 27 (after line 10), at the end of the bill, add:

Schedule 3 — Amendment of the Trade Practices Act 1974

1  After subsection 95C(1)

Insert:

          (1A)  This Part also applies to an inquiry concerning a specified matter or specified matters referred to the Commission under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

[inquiries]

2  At the end of section 95E

Add:

                   “and to protect consumers by holding inquiries referred to it under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

[inquiries]

3  After subsection 95G(3)

Insert:

          (3A)  The Commission must hold such inquiries as are referred to it under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

[inquiries]