Document ID: chunk:federal_register_of_legislation:C2025A00007:clause:1_20wa
Version: federal_register_of_legislation:C2025A00007
Segment Type: clause
Provision Reference: sch 1 cl 20WA
Character Range: 9569–11713

20WA  Power to obtain access to documents etc. by remote means
 (1) For the purposes of verifying evidence provided in relation to a complaint made under Division 3, or conducting an investigation under Division 4, the Private Health Insurance Ombudsman may, by remote means:
 (a) access documents or other records held in electronic form by a person who is:
 (i) a private health insurer or private health insurance broker; or
 (ii) a person performing services for, or on behalf of, a private health insurer or private health insurance broker; and
 (b) inspect, take extracts from, or make copies of, any such documents or other records.
 (2) Before accessing the documents or other records by remote means, the Private Health Insurance Ombudsman must give the person covered by paragraph (1)(a), written notice specifying:
 (a) the Private Health Insurance Ombudsman's intention to access the documents or other records by remote means; and
 (b) the period during which the Private Health Insurance Ombudsman will access the documents or other records by remote means.
 (3) A person commits an offence if:
 (a) the person is either:
 (i) a private health insurer or private health insurance broker; or
 (ii) a person performing services for, or on behalf of, a private health insurer or private health insurance broker; and
 (b) the Private Health Insurance Ombudsman exercises, or purports to exercise, a power mentioned in subsection (1); and
 (c) the person does not provide the Private Health Insurance Ombudsman with reasonable facilities and assistance for the effective exercise of the power.
Penalty: 10 penalty units.
 (4) Strict liability applies to paragraphs (3)(a) and (b).
 (5) Subsection (3) does not apply if providing the Private Health Insurance Ombudsman with reasonable facilities and assistance would pose an unacceptable risk to the security of any of the documents or other records held in electronic form, or otherwise the system where the documents or other records are stored.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).