Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_82zsaa:p1
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 82ZSAA (pt 1/2)
Character Range: 46473–49344

82ZSAA  Preliminary notification of complaint and power to examine records

 (1) On receiving a complaint in relation to a registered organization, the Health Insurance Ombudsman may:
 (a) inform the organization of the nature of the complaint; and
 (b) for the purpose of:
 (i) determining whether, and how best, to deal with the complaint under section 82ZSB, 82ZSBA or 82ZSC; or
 (ii) making a decision under 82ZSG not to investigate the complaint;
  request an officer of the organization to provide the Health Insurance Ombudsman with such records of the organization relating to the complaint as the Health Insurance Ombudsman specifies.

 (2) If the Health Insurance Ombudsman decides:
 (a) to try to effect a settlement of a complaint concerning a registered organization by mediation under paragraph 82ZSB(1)(a); or
 (b) to investigate the complaint under subsection 82ZSB(2);
the Health Insurance Ombudsman may, for the purposes of that mediation or investigation, request an officer of the organization to provide to the Health Insurance Ombudsman, at any time during the conduct of that mediation or investigation, with such records, or such further records, of that organization relating to the complaint as the Health Insurance Ombudsman specifies for the purpose.

 (3) If the Health Insurance Ombudsman refers the investigation of a complaint to a registered organization under paragraph 82ZSB(1)(b), the Health Insurance Ombudsman may, after receiving a report by the organization of its findings and of any action it proposes to take, request an officer of the organization to provide the Health Insurance Ombudsman with such records, or such further records, of the organization relating to the complaint as the Health Insurance Ombudsman specifies for the purpose of evaluating the action proposed.

 (4) A request to provide records under subsection (1), (2) or (3) must specify the period within which the records in question are to be provided.

 (5) If the officer of the registered organization is unable to provide the records requested within the period specified by the Health Insurance Ombudsman, he or she must, within that period, explain to the Health Insurance Ombudsman why he or she is unable so to provide the records and request the Health Insurance Ombudsman to extend the period of time for providing those records.

 (6) On receipt of a request under subsection (5) to extend the period for provision of records, the Health Insurance Ombudsman must either:
 (a) extend the period for provision of those records to an extent considered appropriate in the light of that explanation; or
 (b) refuse to extend the period and indicate the reasons for the refusal.

 (7) The Health Insurance Ombudsman must not request the production under subsection (1), (2) or (3) of records that relate to a registered organization's dealings with a