Document ID: chunk:federal_register_of_legislation:C2008A00054:clause:4_1
Version: federal_register_of_legislation:C2008A00054
Segment Type: clause
Provision Reference: sch 4 cl 1
Character Range: 5811–6998

1  At the end of section 55‑5
Add:

 (4) Despite subsection (2), discrimination by a private health insurer is not improper discrimination to the extent to which:
 (a) the insurer:
 (i) takes or fails to take an action; or
 (ii) in making a decision, has regard or fails to have regard to a matter; and
 (b) taking or failing to take the action, or having regard or failing to have regard to that matter, has the effect of the premiums payable under an insurance policy that covers a person who is:
 (i) employed by a particular person or body; or
 (ii) under contract to provide services to a particular person or body;
  being the subject of a discount or discounts (whether or not the policy also covers one or more persons who are not so employed and are not under such a contract); and
 (c) the premiums meet the premium requirement in section 66‑5.

 (5) To avoid doubt, subsection (4) does not apply if taking or failing to take the action, or having regard or failing to have regard to that matter, has the effect of an insurance policy being cancelled because a person ceases to be an employee of, or ceases to be under contract to provide services to, a particular employer.