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PHIAC Annual Report 2007-08

Legislation Index

The legislation index provides details of Acts and Rules that govern the private health insurance industry. It includes legislation relevant to private health insurers, policy holders of health benefit funds and health insurance related Government Agencies. Full versions of Commonwealth legislation are available at www.comlaw.gov.au

 

ACTS

 

Health Insurance Act 1973

Act Compilation (current): C2007C00419

Administering Department: Health

Start Date: 21 June 2007

  • An Act providing for Payments by way of Medical Benefits and Payments for Hospital Services and for other purposes.

Life Insurance Act 1995

Act Compilation (current): C2007C00425

Administering Department: Treasury

Start Date: 28 June 2007

  • An Act relating to life insurance, and for related purposes.

Medicare Levy Act 1986

Act Compilation (current): C2007C00399

Administering Department: Treasury

Start Date: 21 June 2007

  • An Act to impose a Medicare levy upon certain incomes.

National Health Act 1953

Act Compilation (current): C2007C00520

Administering Department: Health

Start Date: 20 August 2007

  • An Act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services.

Private Health Insurance Act 2007

Act Compilation (current): C2007A00031

Administering Department: Health

Date of Assent: 30 March 2007

  • An Act to regulate private health insurance, and for related purposes.

Private Health Insurance Incentives Act 1998

Act Compilation (current): C2007C00251

Administering Department: Health

Start Date: 1 April 2007

  • An Act to provide incentives for private health insurance, and for related purposes.

Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007

Act Compilation (current): C2007A00032

Administering Department: Health

Date of Assent: 30 March 2007

  • An Act to provide for transitional matters, and make consequential amendments, relating to the enactment of the PHI Act, and for related purposes.

Taxation Laws Amendment (Private Health Insurance) Act 1998

Act Compilation (current): C2004C01243

Administering Department: Treasury

Start Date: 3 July 2002

  • An Act to amend the law relating to income tax in respect of private health insurance, and for related purposes.

Rules

Private Health Insurance (Benefit Requirements) Rules 2007 (No. 2)

Legislative Instrument: F2007L01977

Administering Department: Health

Date of Making: 25 June 2007

  • These Rules provide for the minimum benefit requirements for psychiatric, rehabilitation and palliative care and other hospital treatment. Schedule 6 ceases to have effect at midnight on 30 June 2008.

This Rule revoked and replaced: Private Health Insurance (Benefit Requirements) Rules 2007

Legislative Instrument (Repealed/Ceased): F2007L00894

Cease Date: 1 July 2007

Private Health Insurance (Council Administration Levy) Rules 2007

Legislative Instrument: F2007L00897

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify the rate of Council administration levy, and also specify Council administration levy days, and the census day.

Private Health Insurance (Council) Rules 2007

Legislative Instrument: F2007L00899

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify matters relating to the public information functions of the Council and the periods of appointment for the Commissioner of PHIAC, Deputy Commissioner and members of the Council.

Private Health Insurance (Complaints Levy) Rules 2007

Legislative Instrument: F2007L00895

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify the rate of complaints levy and also specify complaints levy days and the census day.

Private Health Insurance (Complying Product) Rules 2007 (No. 2)

Legislative Instrument: F2007L03540

Administering Department: Health

Date of Making: 31 August 2007

  • These Rules set out the form and content of a standard information statement and ensure that all the information provided by health insurers is in a standardised form to allow consumers to compare health insurance products. 

This Rule revokes and replaces: Private Health Insurance (Complying Product) Rules 2007

Legislative Instrument (Repealed/Ceased): F2007L00896

Cease Date: 1 September 2007

Private Health Insurance (Data Provision) Rules 2007

Legislative Instrument - F2007L00900

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify the kinds of information, relating to the treatment of insured persons of health benefits funds, that private health insurers are to give to the Secretary of the Department of Health and Ageing.

Private Health Insurance (Health Benefits Fund Administration) Rules 2007

Legislative Instrument: F2007L00885

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules are made by PHIAC under item 1 of the table in section 333-25, for the purposes of Part 4-4 of the PHI Act. These Rules specify requirements for the administration and operation of health benefits funds, including requirements about the expenditure and application of fund assets, restructure of health benefits funds and merger and acquisition of health benefits funds. These Rules specify Risk Equalisation jurisdictions for the purposes of the PHI Act and establish solvency and capital adequacy standards for the conduct of health benefits funds.

Private Health Insurance (Health Benefits Fund Enforcement) Rules 2007

Legislative Instrument: F2007L00901

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules deal with the external management of health benefits funds.

Private Health Insurance (Health Benefits Fund Policy) Rules 2007 (No. 2)

Legislative Instrument: F2007L03539

Administering Department: Health

Date of Making: 31 August 2007

  • These Rules provide limitations on the amount of brokerage and commission that can be paid in respect of health insurance premiums.

This Rule revoked and replaced: Private Health Insurance (Health Benefits Fund Policy) Rules 2007

Legislative Instrument (Repealed/Ceased): F2007L00902

Cease Date: 1 September 2007

Private Health Insurance (Health Insurance Business) Rules 2007

Legislative Instrument: F2007L00904

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules provide for matters required or permitted by Part 4-2 of the PHI Act or necessary or convenient in order to carry out or give effect to Part 4-2 of the PHI Act.

Private Health Insurance (Incentives) Rules 2007

Legislative Instrument: F2007L00903

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules provide for matters relating to the premiums reductions scheme and the incentive payments which give effect to the private health insurance rebate.

Private Health Insurance (Insurer Obligations) Rules 2007

Legislative Instrument: F2007L00859

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules are made by PHIAC under item 2 of the table in section 333-25 of the PHI Act. These Rules establish: a prudential standard relating to prudential matters for private health insurers; Appointed Actuaries - eligibility for appointment, duties and powers of appointed actuaries; and Fund reporting and notification requirements.

Private Health Insurance (Levy Administration) Rules 2007

Legislative Instrument: F2007L00905

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify the payment day for Complaints levy, Council administration levy and Risk Equalisation levy.

Private Health Insurance (Lifetime Health Cover) Rules 2007

Legislative Instrument: F2007L00906

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules set out administrative matters relating to lifetime health cover.

Private Health Insurance (Ombudsman) Rules 2007

Legislative Instrument: F2007L00907

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules deal with requirements in relation to the appointment of the PHIO and with requirements relating to mediation.

Private Health Insurance (Prostheses Application and Listing Fee) Rules 2007(No. 2)

Legislative Instrument: F2007L02347

Administering Department: Health

Date of Making: 19 July 2007

  • These Rules set out the fees for human tissue prosthesis and other prosthesis.

Private Health Insurance (Prostheses Application and Listing Fee) Rules 2007(No. 2)

  • This rule revoked and replaced: Private Health Insurance (Prostheses Application and Listing Fee) Rules 2007 Legislative Instrument (Repealed/Ceased): F2007L00909

Cease Date: 14 July 2007

Private Health Insurance (Prostheses) Amendment Rules 2007 (No. 1)

Legislative Instrument - F2007L01775

Administering Department: Health

Date of Making: 14 June 2007

  • These Rules amend the Private Health Insurance (Prostheses) Rules 2007 (No. 2).

Legislative Instrument (Unicorporated): F2007L0145

Date of Making 17 May 2007

Private Health Insurance (Prostheses) Rules 2007 (No. 3)

Legislative Instrument - F2007L01458

Date of Making: 17 May 2007

  • These Rules revoke the Private Health Insurance (Prostheses) Rules 2007.

Private Health Insurance (Registration) Rules 2007

Legislative Instrument: F2007L00910

Administering Department: Health

Date of Making: 30 March 2007

  • The purpose of these Rules is to specify certain matters that PHIAC is required to consider.

Private Health Insurance (Risk Equalisation Administration) Rules 2007

Legislative Instrument: F2007L00876

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules are made by PHIAC under item 3 of the table in section 333-25, for the purposes of Part 6-7 of the PHI Act.

Private Health Insurance (Risk Equalisation Levy) Rules 2007

Legislative Instrument: F2007L00911

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify the 21st day of the second month of each quarter as a Risk Equalisation levy day for a financial year.

Private Health Insurance (Risk Equalisation Policy) Rules 2007

Legislative Instrument: F2007L00912

Administering Department: Health

Date of Making: 30 March 2007

  • These Rules specify what the 'eligible benefits' are to be paid for by a private health insurer.

Private Health Insurance (Transition) Rules 2007

Legislative Instrument: F2007L00913

Administering Department: Health

Date of Making: 30 March 2007

  • The purpose of the Rules is to deal with transitional matters not other wise provided for in the Transitional Provisions Act.

State Legislation

Emergencies Act 2004

ACT Legislation

Commenced: 16 November 2006

Full versions of ACT state legislation are available at http://www.legislation.act.gov.au

 Health Insurance Levies Act 1982 No 159

NSW Legislation

Reprinted: 25 May 1999

Full versions of NSW state legislation are available at http://www.legislation.nsw.gov.au

Penalty Units

Penalty units are used in Commonwealth legislation as a convenient way to specify an amount of pecuniary penalty/fine without having to refer to an actual dollar amount. 

The dollar amount of a penalty unit is fixed across Commonwealth legislation by the following definition in section 4AA of the Crimes Act 1914 (Cth):

4AA Penalty units

(1)

In a law of the Commonwealth or a Territory Ordinance, unless the contrary intention appears:

penalty unit means $110.

This allows for pecuniary penalties to be adjusted across Commonwealth legislation by changing the amount in the Crimes Act only.

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Last modified: 18 September, 2008