Commonwealth Numbered Acts

HEALTH INSURANCE COMMISSION (REFORM AND SEPARATION OF FUNCTIONS) ACT 1997 No. 159 of 1997 - SECT 51

(1) This section applies to:

   (a)  a complaint if:

        (i)    the complaint could have been made to the Privacy Commissioner
               under the Privacy Act 1988 before the fund-transfer day in
               relation to an act or practice of the Commission in connection
               with the performance of the Commission's Medibank Private
               functions; and

        (ii)   the complaint is made on or after the fund-transfer day; or

   (b)  a complaint if:

        (i)    before the fund-transfer day, the complaint was made to the
               Privacy Commissioner under the Privacy Act 1988 in relation to
               an act or practice of the Commission in connection with the
               performance of the Commission's Medibank Private functions; and

        (ii)   immediately before the fund-transfer day, the Privacy
               Commissioner had not finally disposed of the matter in
               accordance with that Act; or

   (c)  an investigation if:

        (i)    before the fund-transfer day, the Privacy Commissioner
               commenced the investigation under the Privacy Act 1988 in
               relation to an act or practice of the Commission in connection
               with the performance of the Commission's Medibank Private
               functions; and

        (ii)   immediately before the fund-transfer day, the Privacy
               Commissioner had not finally disposed of the matter in
               accordance with that Act.

(2) The Privacy Act 1988 has effect on and after the fund-transfer day, in
relation to the complaint or investigation, as if:

   (a)  the act or practice of the Commission had been an act or practice of
        the nominated company; and

   (b)  the nominated company were an agency (within the meaning of that Act);
        and

   (c)  the nominated company had been in existence at the time when the act
        or practice occurred.