Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_82ztb:p1
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 82ZTB (pt 1/2)
Character Range: 54889–57688

82ZTB  Health Insurance Ombudsman may require production of records for purposes of an investigation

 (1) The Health Insurance Ombudsman may, for the purposes of an investigation of the practices and procedures of a registered organization under section 82ZT or 82ZTA, request an officer of the organization, at any time during the conduct of that investigation:
 (a) to give to the Health Insurance Ombudsman such information relating to those practices and procedures as the Health Insurance Ombudsman specifies for the purpose; or
 (b) to produce to the Health Insurance Ombudsman such of the records of the organization relating to those practices and procedures as the Health Insurance Ombudsman specifies for the purpose.

 (2) A request under subsection (1) to give information or produce records must specify the period within which the information is to be given or the records are to be produced.

 (3) If the officer of the registered organization is unable to give the information or to produce the records requested within the period specified by the Health Insurance Ombudsman, the officer must, within that period, explain to the Health Insurance Ombudsman why he or she is unable so to give that information or produce those records and request the Health Insurance Ombudsman to extend the period for giving the information or producing those records.

 (4) On receipt of a request under subsection (3), the Health Insurance Ombudsman must either:
 (a) extend the period to an extent considered appropriate in light of the explanation; or
 (b) refuse to extend the period and indicate the reasons for the refusal.

 (5) The Health Insurance Ombudsman must not, under subsection (1), request:
 (a) the giving of information; or
 (b) the production of records;
that relate to a particular individual or particular individuals who are, or who have sought to become, contributors to the health benefits fund conducted by the organization unless that person or those persons agree to the production of those records.

 (6) An officer of a registered organization must not fail to comply with a request made of the officer under subsection (1).

Penalty for an offence against this subsection: 10 penalty units.

 (7) An offence under subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (8) An officer of a registered organization is not excused from giving information or producing a record when required to do so under subsection (1) on the ground that the information, or the production of the record, might tend to incriminate the officer or make the officer liable to a penalty. However, the information, or the production of the record, or anything obtained as a direct or indirect consequence of the giving of the