PRIVATE HEALTH INSURANCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2007

PART 6 - TRANSITIONAL PROVISIONS RELATING TO CHAPTER 6 OF THE NEW ACT  

Division 1 - Private Health Insurance Ombudsman  

Subdivision AA - Conversion of Ombudsman from CAC to FMA body  

SECTION 27A   CONVERSION OF OMBUDSMAN FROM CAC TO FMA BODY  

(1)    
Section 238-1 and Division 253 of the new Act do not apply until the Ombudsman conversion time.

(2)    
Despite item 53 of Schedule 1 to this Act, during the period starting at the commencement time and ending immediately before the Ombudsman conversion time:

(a) the Private Health Insurance Ombudsman established by section 82ZR of the National Health Act 1953 is continued in existence; and

(b) staff employed or made available under section 82ZUG of the National Health Act 1953 immediately before the commencement time continue to be employed or made available under that section on the same terms as had effect immediately before the commencement time; and

(c) the following provisions of the National Health Act 1953 continue to apply in relation to that Ombudsman and those staff:

(i) section 82ZR;

(ii) section 82ZRAA;

(iii) section 82ZRA;

(iv) section 82ZRB;

(v) Division 5 of Part VIC;

(vi) section 82ZVD;

(vii) section 82ZVE (with the reference to section 135A being taken to be a reference to Division 323 of the new Act).

(3)    
During the period starting at the commencement time and ending immediately before the Ombudsman conversion time:

(a) a reference in the new Act to the Private Health Insurance Ombudsman (other than a reference in a provision mentioned in subsection (1)) is taken to be a reference to the Private Health Insurance Ombudsman established by section 82ZR of the National Health Act 1953 ; and

(b) a reference in the new Act to an APS employee in, or a person holding or performing the duties of an office in, the Statutory Agency of the Private Health Insurance Ombudsman is taken to be a reference to a member of the staff employed or made available under section 82ZUG of the National Health Act 1953 as continued in force by paragraph (2)(c).