S 247-5 repealed by No 57 of 2015, s 3 and Sch 1 item 15, effective 1 July 2015. For transitional provisions, see note under s
323-10(1A)
. S 247-5 formerly read:
SECTION 247-5 PARTICIPATION IN MEDIATION MAY BE COMPULSORY
247-5(1)
The Private Health Insurance Ombudsman may direct:
(a)
the subject of a complaint made under Division 241; or
(b)
a private health insurer that is the subject of an investigation under Division 244; or
(c)
a *health care provider that is the subject of an investigation under Division 244;
to participate in mediation under section 247-1.
247-5(2)
The Private Health Insurance (Ombudsman) Rules may set out matters to which the Private Health Insurance Ombudsman is to have regard when deciding whether or not to give a direction under subsection (1).
247-5(3)
The direction must:
(a)
be in writing; and
(b)
name either or both of the following:
(i)
the subject of the complaint or investigation;
(ii)
an *officer, or officers, of that subject; and
(c)
be given to those named in it; and
(d)
specify the time of the mediation, which must not be earlier than 14 days after the day on which the direction is given; and
(e)
specify the place of the mediation.
Note:
Subsection 33(3) of the
Acts Interpretation Act 1901
has the effect that the direction may be varied or revoked.
247-5(4)
A person commits an offence if:
(a)
the person is named in a direction under subsection (1); and
(b)
the other party to the mediation attends, or was willing to attend, the mediation; and
(c)
the person, or, if the person is a *medical practitioner who has appointed a representative in relation to the mediation under section 247-10, the person
'
s representative, fails to participate in part or all of the mediation.
Penalty: 30 penalty units.
View history note
Hide history note