Document ID: chunk:federal_register_of_legislation:C2006A00083:clause:1_82zsbaa
Version: federal_register_of_legislation:C2006A00083
Segment Type: clause
Provision Reference: sch 1 cl 82ZSBAA
Character Range: 11709–13037

82ZSBAA  Participation in mediation may be compulsory

 (1) The Health Insurance Ombudsman may, having regard to any guidelines under paragraph 82ZV(2)(a), direct the subject of a complaint to participate in mediation under paragraph 82ZSB(1)(a).

 (2) The direction must:
 (a) be in writing; and
 (b) specify the individual or individuals who are subject to the direction; and
 (c) be given to the individual or individuals; and
 (d) specify the time of the mediation, which must not be earlier than 14 days after the day on which the direction is given to the individual or individuals; 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.

 (3) A person commits an offence if:
 (a) the person is an individual who is subject to a direction under subsection (1) to participate in mediation; and
 (b) the complainant in relation to the complaint to be mediated 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 82ZSBAB, the person's representative, fails to participate in part or all of the mediation.

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