Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_46
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 51679–53247

46  At the end of section 82ZSD
Add:

 (2) If the Health Insurance Ombudsman makes a recommendation to a registered organization under paragraph (1)(a) or (b), he or she may request that the public officer of the registered organization, before the registered organization:
 (a) takes any action to give effect to that recommendation; or
 (b) requests that a hospital, day hospital or medical practitioner takes any action to give effect to that recommendation;
report to the Health Insurance Ombudsman, within a time specified in the recommendation, on the action proposed to be taken.

 (3) If the Health Insurance Ombudsman makes a recommendation to a hospital, day hospital or medical practitioner under paragraph (1)(c), he or she may request that the hospital, day hospital or medical practitioner, before taking any action to give effect to that recommendation, report to the Health Insurance Ombudsman, within a time specified in the recommendation, on the action proposed to be taken.

 (4) The public officer of a registered organization must not fail to report to the Health Insurance Ombudsman in accordance with a request under subsection (2).

Penalty: 10 penalty units.

 (5) An offence under subsection (4) is an offence of strict liability.

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

 (6) The public officer of a registered organization must not make a report to the Health Insurance Ombudsman under subsection (2) knowing that the report is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.