Ombudsman Act 1976

For the purposes of verifying evidence provided in relation to a complaint made under Division 3, or conducting an investigation under Division 4, the Private Health Insurance Ombudsman may, by remote means:

access documents or other records held in electronic form by a person who is:

a private health insurer or private health insurance broker; or

a person performing services for, or on behalf of, a private health insurer or private health insurance broker; and

inspect, take extracts from, or make copies of, any such documents or other records.

Before accessing the documents or other records by remote means, the Private Health Insurance Ombudsman must give the person covered by paragraph (1)(a), written notice specifying:

the Private Health Insurance Ombudsman’s intention to access the documents or other records by remote means; and

the period during which the Private Health Insurance Ombudsman will access the documents or other records by remote means.

A person commits an offence if:

the person is either:

a private health insurer or private health insurance broker; or

a person performing services for, or on behalf of, a private health insurer or private health insurance broker; and

the Private Health Insurance Ombudsman exercises, or purports to exercise, a power mentioned in subsection (1); and

the person does not provide the Private Health Insurance Ombudsman with reasonable facilities and assistance for the effective exercise of the power.

Strict liability applies to paragraphs (3)(a) and (b).

Subsection (3) does not apply if providing the Private Health Insurance Ombudsman with reasonable facilities and assistance would pose an unacceptable risk to the security of any of the documents or other records held in electronic form, or otherwise the system where the documents or other records are stored.

A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).