Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 99.1

Certificate for the insured person

  (1)   A private health insurer (the old insurer ) must, if a person ceases to be insured under a * 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 * approved form; and

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

Certificate for the new insurer

  (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 * complying health insurance policy of the old insurer * 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 * approved form; and

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

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

  (3)   If a certificate is requested by the new insurer (whether or not the request is in the * 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

  (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.

  (5)   Strict liability applies to subsection   (4).

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