Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p31
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 31/56)
Character Range: 161069–163756

the *officer to pay damages in the nature of punitive damages in respect of:
 (a) the contravention of the *enforceable obligation; or
 (b) the officer's failure to take reasonable steps to prevent the insurer contravening the enforceable obligation.
 (3) The penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the *officer to recover a debt due by the officer. The debt arising from the order is taken to be a judgment debt.

203‑15  Compensation order
 (1) If the Federal Court has made a *declaration of contravention, the court may order the private health insurer specified in the declaration to compensate an individual for any injury or loss suffered by the individual as a result of the contravention.
 (2) The order must specify the amount of compensation.
 (3) The order may be enforced as if it were a judgment of the court.

203‑20  Adverse publicity order
 (1) If the Federal Court has made a *declaration of contravention, the court may make an order requiring the private health insurer specified in the declaration to do either or both of the following:
 (a) disclose in a way, and to the person or persons, specified in the order, the information specified in the notice to correct or counter the effect of the contravention;
 (b) publish, in the way specified in the order, an advertisement to correct or counter the effect of the contravention in the terms specified in, or determined in accordance with, the order.
 (2) The order may be enforced as if it were a judgment of the court.

203‑25  Other order
 (1) If the Federal Court has made a *declaration of contravention, the court may make any order that the applicant applies for.
 (2) The order may be enforced as if it were a judgment of the court.

203‑30  Time limit for declarations and orders
  Proceedings under this Division may be started no later than 6 years after the contravention.

203‑35  Civil evidence and procedure rules for declarations and orders
  The Federal Court must apply the rules of evidence and procedure for civil matters in proceedings under this Division.
Note: The standard of proof in civil proceedings is the balance of probabilities (see section 140 of the Evidence Act 1995).

203‑40  Civil proceedings after criminal proceedings
  The Federal Court must not make a pecuniary penalty order against an *officer of a private health insurer under section 203‑10 if the officer has been convicted of an offence constituted by conduct that is substantially the same as the conduct to which the court had regard in satisfying itself that the officer failed to take reasonable steps to