Commonwealth Consolidated Acts

HEALTH INSURANCE COMMISSION (REFORM AND SEPARATION OF FUNCTIONS) ACT 1997 - SECT 50

  (1)   If:

  (a)   before the fund - transfer day, a request was made under the Freedom of Information Act 1982 for access to a document in the possession of the Commission; and

  (b)   the document has been transferred to the nominated company under this Part; and

  (c)   the request had not been finally disposed of under the Freedom of Information Act 1982 immediately before the fund - transfer day;

then:

  (d)   the request is taken to have been transferred to the nominated company on the fund - transfer day; and

  (e)   the Freedom of Information Act 1982 has effect on and after the fund - transfer day, in relation to the request, as if the nominated company were an agency (within the meaning of that Act).

  (2)   If:

  (a)   immediately before the fund - transfer day, a person had a right to:

  (i)   apply under the Administrative Appeals Tribunal Act 1975 (the AAT Act ) for a review of a decision of the Commission made under the Freedom of Information Act 1982 in relation to a particular document, where possession of the document has been transferred from the Commission to the nominated company under this Part; or

  (ii)   request under the AAT Act a statement of reasons for such a decision; or

  (b)   before the fund - transfer day, a person made such an application or request but it had not been finally disposed of under the AAT Act before the fund - transfer day;

the AAT Act has effect on and after the fund - transfer day, in relation to the right, application or request as if:

  (c)   the decision made by the Commission had been made by the nominated company; and

  (d)   the nominated company had been in existence at all relevant times; and

  (e)   the nominated company were substituted for the Commission as a party to any relevant proceedings arising under that Act.