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PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 (NO. 85, 2015) - SECT 130

Investigation of private health insurers by inspectors

             (1)  Subject to subsection (2), APRA may, in writing, appoint an APRA staff member to be an inspector to investigate the affairs of a private health insurer if APRA reasonably suspects that:

                     (a)  the affairs of the insurer are being, or are about to be, carried on in a way that is not in the interests of the policy holders of a health benefits fund conducted by the insurer; or

                     (b)  the insurer has contravened an enforceable obligation.

             (2)  APRA must not appoint an APRA staff member to be an inspector unless APRA is satisfied that the staff member has suitable qualifications and experience to exercise properly the powers of an inspector.

             (3)  An instrument appointing an APRA staff member to be an inspector must specify:

                     (a)  the matter referred to in paragraph (1)(a) or (b) that APRA suspects; and

                     (b)  the ground on which APRA suspects the matter; and

                     (c)  the matters into which the investigation is to be made, being the whole or some part of the affairs of the private health insurer.

             (4)  APRA may, in writing, at any time:

                     (a)  terminate an investigation; or

                     (b)  terminate the appointment of a person as an inspector; or

                     (c)  appoint another APRA staff member to be an inspector for the purposes of an investigation.



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