Commonwealth Numbered Acts

PRIVATE HEALTH INSURANCE ACT 2007 (NO. 31, 2007) - SECT 166.25

             (1)  Despite section 166‑15, the Council may determine (in writing) that a person is not a * disqualified person. The Council may do so on its own initiative or on the application of the person.

             (2)  However, the Council must not make the determination unless it is satisfied that the person is highly unlikely to be a prudential risk to any private health insurer.

             (3)  If a person applies for a determination under this section, the Council must:

                     (a)  either make, or refuse to make, the determination; and

                     (b)  in the case of a refusal, give the person written notice of the refusal.

Note:          Refusals to make determinations are reviewable under Part 6‑9.

             (4)  The Council may do any of the following:

                     (a)  when making a determination under subsection (1), specify in the determination conditions to which the determination is to be subject;

                     (b)  at any later time while a determination under subsection (1) is in force, make a further determination specifying conditions or additional conditions to which the determination under subsection (1) is to be subject;

                     (c)  at any time make a determination varying or revoking conditions that have been specified under paragraph (a) or (b).

Note:          Decisions to specify, or to vary, conditions are reviewable under Part 6‑9.

             (5)  A determination takes effect on the day on which it is made.

             (6)  The Council must, as soon as practicable after a determination is made, give written notice of the making of the determination, and a copy of the determination, to the person concerned and to any affected private health insurer.

             (7)  A notice of a refusal to make a determination, or a notice of the making of a determination that specifies or varies conditions, must state the reasons for the refusal or for the specifying or variation of the conditions, as the case may be.

             (8)  The Council may revoke a determination under this section by giving written notice to the person concerned and must give a copy of the notice to any affected private health insurer.

Note:          Revocations of determinations are reviewable under Part 6‑9.