Commonwealth Consolidated Acts

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

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  

   PART 2--TRANSITIONAL PROVISIONS RELATING TO THE TRANSFER OF MEDIBANK PRIVATE FROM THE HEALTH INSURANCE COMMISSION TO A SEPARATE ORGANISATION

           Division 1--Introduction

   3.      Simplified outline  
   4.      Definitions  
   5.      Nominated company  
   6.      Fund-transfer day  
   7.      Commission-owned company  
   8.      Crown to be bound  
   9.      External Territories  
   10.     Extra-territorial operation  

           Division 2--Provisions relating to the period when the nominated company is Commission-owned

   11.     Commission to hold shares in the nominated company  
   12.     Nominated company must seek registration as a registered health benefits organisation  
   13.     Activities of the nominated company  
   14.     Commission may provide services or facilities to the nominated company  

           Division 3--Commission to facilitate transfer of Medibank Private to the nominated company

   15.     Commission to facilitate transfer of Medibank Private to the nominated company  

           Division 4--Transfer of Medibank Private from the Commission to the nominated company

              Subdivision A--Transfer of Medibank Private fund

   16.     Transfer of Medibank Private fund to the nominated company  

              Subdivision B--Transfers of assets, contracts and liabilities

   17.     Transfer of assets  
   18.     Transfer of contractual rights and obligations  
   19.     Transfer of liabilities  
   20.     Commission contracts may be split  

              Subdivision C--Transfer of staff

   21.     Transfer of staff from the Commission  
   22.     Terms and conditions--transferred employees  
   23.     Accrued benefits--transferred employees  
   24.     Continuity of service of transferred employees  
   25.     Termination payments--transferred employees  
   26.     Variation of terms and conditions--transferred employees  
   27.     Mobility rights--transferred employees  
   28.     Re-transfer of staff from the nominated company  
   29.     Terms and conditions--re-transferred employees  
   30.     Accrued benefits--re-transferred employees  
   31.     Continuity of service of re-transferred employees  
   32.     Termination payments--re-transferred employees  
   33.     Variation of terms and conditions--re-transferred employees  

           Division 5--Acquisition by the Commonwealth of shares in the nominated company

   34.     Acquisition by the Commonwealth of shares in the nominated company  

           Division 6--Exemption from stamp duty

   36.     Exemption from stamp duty  

           Division 7--Miscellaneous

   37.     Transfers of land may be registered  
   38.     This Part does not modify registers kept by land registration officials  
   39.     Application of Lands Acquisition Act  
   40.     Legislative Instruments Act does not apply to this Part  
   41.     Transfer of pending proceedings  
   42.     Operation of this Part does not place a person in breach of contract etc.  
   43.     Transfer of records  
   44.     Nominated company not to be an agency of the Commonwealth etc.  
   45.     Application of certain provisions of the Corporations Act  
   46.     Compensation--constitutional safety-net  
   47.     Delegation  
   48.     Commonwealth records  
   49.     Complaints and investigations under the Ombudsman Act 1976  
   50.     Requests under the Freedom of Information Act 1982  
   51.     Complaints and investigations under the Privacy Act 1988  
   52.     This Part does not authorise the imposition of taxation  
   53.     Regulations  

   PART 3--AMENDMENTS

   54.     Schedule(s)  
           SCHEDULE 1 Amendments of Acts
           SCHEDULE 2 Amendment of regulations