Health Legislation Amendment (Private Health Insurance) Act 2006 (83 of 2006)

Schedule 1   Amendments relating to the Health Insurance Ombudsman

National Health Act 1953

101   At the end of Part VIC

Add:

82ZVF Reconsideration of requests for records

(1) A request for records given to:

(a) an officer of a subject of a complaint under subsection 82ZSAA(1), (2) or (3); or

(b) an officer of a subject of an investigation under subsection 82ZTB(1);

must include notice of the officer’s rights under this section.

(2) An officer to whom such a request is given, or another officer of the subject, may apply to the Health Insurance Ombudsman for reconsideration of:

(a) the decision to make the request; or

(b) the decision to request the records specified in the request; or

(c) the period specified in the request within which the records are to be provided; or

(d) a decision under subsection 82ZSAA(6) or 82ZTB(4) refusing to extend the time for provision of records.

(3) The application must be made before the earlier of:

(a) the end of the 28th day after the day on which the request was given to the officer; and

(b) the end of the day before the last day of the period specified in the request as the period within which the records are to be provided.

(4) If an application is made under subsection (2), the decision to which the application relates must be reconsidered by the Health Insurance Ombudsman or by his or her delegate under subsection 82ZVD(1). The person reconsidering the request must not be the person who made the request.

(5) The person reconsidering the request must affirm, change or revoke the request, by notice in writing to the officer, before the end of the 28th day after the day on which the application for reconsideration was made.