Document ID: chunk:federal_register_of_legislation:C2015A00057:clause:1_20y
Version: federal_register_of_legislation:C2015A00057
Segment Type: clause
Provision Reference: sch 1 cl 20Y
Character Range: 32480–34060

20Y  Participation in mediation may be compulsory
 (1) The Private Health Insurance Ombudsman may direct:
 (a) the subject of a complaint made under Division 3; or
 (b) a private health insurer that is the subject of an investigation under Division 4; or
 (c) a health care provider that is the subject of an investigation under Division 4;
to participate in mediation under section 20X.
 (2) The Private Health Insurance Ombudsman Rules may prescribe matters to which the Private Health Insurance Ombudsman is to have regard when deciding whether or not to give a direction under subsection (1).
 (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 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.
 (4) A person commits an offence if:
 (a) the person is directed under subsection (1) to participate in mediation; 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 20Z, the person's representative, fails to participate in part or all of the mediation.
Penalty: 10 penalty units.