Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p30
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 30/56)
Character Range: 158486–161328

the Minister considers it proper to do so, include requirements with respect to the reconsideration by the private health insurer of an application or claim made to the insurer and dealt with by it before the direction takes effect.
 (4) A private health insurer must, in reconsidering an application or claim in accordance with subsection (3), deal with the application or claim as if the direction had been in force at the time when the application or claim was first considered.
 (5) A direction given under this section must be published on the Department's website not later than 5 working days after the direction is given.

200‑5  Direction requirements
  A direction given under this Division to a private health insurer:
 (a) must be in writing; and
 (b) must be signed by the Minister; and
 (c) may be served on the insurer by serving a copy on the insurer's *chief executive officer.

Division 203—Remedies in the Federal Court

203‑1  Minister may apply to the Federal Court
  If the Minister is satisfied that a private health insurer has contravened an *enforceable obligation, the Minister may apply to the Federal Court for:
 (a) a *declaration of contravention; and
 (b) any one or more of the following orders:
 (i) a pecuniary penalty order under section 203‑10;
 (ii) a compensation order under section 203‑15;
 (iii) an adverse publicity order under section 203‑20;
 (iv) any other order that the Minister considers to be appropriate to redress the contravention.

203‑5  Declarations of contravention
 (1) If the Federal Court is satisfied that a private health insurer has contravened an *enforceable obligation, it must make a declaration of contravention.
 (2) The declaration must specify:
 (a) the *enforceable obligation that was contravened; and
 (b) the private health insurer that contravened the provision; and
 (c) the conduct that constituted the contravention; and
 (d) if the court is satisfied that an *officer of the private health insurer failed to take reasonable steps to prevent the insurer contravening the enforceable obligation—the officer.
 (3) A *declaration of contravention is conclusive evidence of the matters mentioned in subsection (2).

203‑10  Pecuniary penalty order
 (1) If the Federal Court has made a *declaration of contravention that specifies an *officer of a private health insurer (see paragraph 203‑5(2)(d)), the court may order the officer to pay the Commonwealth a pecuniary penalty of up to 1,000 penalty units.
 (2) The court must not make an order under subsection (1) if it is satisfied that a court has ordered 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