Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, on application under section 154, the Federal Court is satisfied that a private health insurer has contravened an enforceable obligation, it must make a declaration of contravention.
Note: For relief from liability, see section 166.
(2) The declaration must specify:
(a) the enforceable obligation that was contravened; and
(b) the private health insurer that contravened the obligation; and
(c) the conduct that constituted the contravention; and
(d) if the Federal Court is satisfied that an officer of the private health insurer failed to take reasonable steps to prevent the insurer contravening the obligation--the officer.
(3) The declaration is conclusive evidence of the matters mentioned in subsection (2).