Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p15
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 15/56)
Character Range: 119533–122342

at which, the information is to be given to a person;
 (d) the manner and form in which the information is to be given to a person.

Division 99—Transfer certificates

99‑1  Transfer certificates

Certificate for the insured person
 (1) A private health insurer (the old insurer) must, if a person ceases to be insured under a *complying health insurance policy of the insurer and does not become insured under another policy of the insurer, give the person a certificate under this subsection:
 (a) in the *approved form; and
 (b) within the period set out in the Private Health Insurance (Complying Product) Rules.

Certificate for the new insurer
 (2) A private health insurer (the new insurer) must request a certificate from an old insurer if:
 (a) a person who is or has been insured under a *complying health insurance policy of the old insurer *transfers to a complying health insurance policy of the new insurer; and
 (b) the person does not give the new insurer the certificate the old insurer gave the person under subsection (1) within 7 days of becoming insured by the new insurer.
The request must be made:
 (c) in the *approved form; and
 (d) within the period set out in the Private Health Insurance (Complying Product) Rules.
 (2A) A private health insurer must not request a certificate except in the circumstances set out in subsection (2).
 (3) If a certificate is requested by the new insurer (whether or not the request is in the *approved form or made within the period mentioned in paragraph (2)(d)), the old insurer must give the new insurer a certificate:
 (a) in the approved form; and
 (b) within the period set out in the Private Health Insurance (Complying Product) Rules.

Offence
 (4) A private health insurer commits an offence if:
 (a) the insurer is required to do a thing under subsection (1), (2) or (3); and
 (b) the insurer does not do the thing.
Penalty: 60 penalty units.
 (5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 102—Private health insurers to offer cover for hospital treatment

102‑1  Private health insurers to offer cover for hospital treatment
  At any time when a private health insurer makes available a *complying health insurance product that *covers *general treatment, the insurer must also make available a complying health insurance product that covers *hospital treatment.

Chapter 4—Health insurance business, health benefits funds and miscellaneous obligations of private health insurers

Part 4‑1—Introduction

Division 110—Introduction

110‑1  What this Chapter is about
      This Chapter defines the key concepts of health insurance business and health benefits funds. It also deals with some related matters and imposes miscellaneous obligations on private health