Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p10
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 10/56)
Character Range: 106931–109649

insurer to do the thing.
 (3) For the purposes of subsections (1) and (2), an application may be made by:
 (a) the Minister; or
 (c) any other person.
 (4) The court may grant an interim injunction pending the determination of an application under subsection (1) or (2).
 (5) The court must not require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction.
 (6) The court may discharge or vary an injunction granted under this section.
 (7) The power of the court to grant an injunction restraining a private health insurer from engaging in conduct may be exercised:
 (a) whether or not it appears to the court that the insurer intends to engage again, or to continue to engage, in conduct of that kind; and
 (b) whether or not the insurer has previously engaged in conduct of that kind.
 (8) The power of the court to grant an injunction requiring a private health insurer to do a thing may be exercised:
 (a) whether or not it appears to the court that the insurer intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and
 (b) whether or not the insurer has previously refused or failed to do that thing.

84‑15  Remedies for people affected by non‑complying policies
  On application by the Minister, if the Federal Court is satisfied that:
 (a) a private health insurer has engaged in conduct that contravenes section 63‑1 or is an offence against section 84‑1; or
 (b) both:
 (i) a private health insurer has refused or failed to do a thing; and
 (ii) that refusal or failure contravenes section 63‑1 or is an offence against section 84‑1;
the court may order the insurer to do either or both of the following:
 (c) take specified action to ensure that an insurance policy becomes a *complying health insurance policy;
 (d) take specified action to ensure that a person insured under an insurance policy is put in the position the person would have been in, had the policy always been a complying health insurance policy.

Part 3‑4—Obligations relating to complying health insurance products

Division 90—Introduction

90‑1  What this Part is about
      Private health insurers have obligations to people insured under their complying health insurance products and people seeking to become insured under those products. Private health insurers also have to keep the Department and the Private Health Insurance Ombudsman informed about their health insurance business.

Division 93—Giving information to consumers

93‑1  Maintaining up to date private health information statements
 (1) A private health insurer must ensure that it maintains at all times an *up to date *private health information statement:
 (a) for