Ombudsman Act 1976

The Private Health Insurance Ombudsman may direct:

the subject of a complaint made under Division 3; or

a private health insurer that is the subject of an investigation under Division 4; or

a health care provider that is the subject of an investigation under Division 4;

The Private Health Insurance Ombudsman Rules may prescribe matters to which the Private Health Insurance Ombudsman is to have regard when deciding whether or not to give a direction under subsection (1).

The direction must:

be in writing; and

name either or both of the following:

the subject of the complaint or investigation;

an officer, or officers, of that subject; and

be given to those named in it; and

specify the time of the mediation, which must not be earlier than 14 days after the day the direction is given; and

specify the place of the mediation.

Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that the direction may be varied or revoked.

A person commits an offence if:

the person is directed under subsection (1) to participate in mediation; and

the other party to the mediation attends, or was willing to attend, the mediation; and

the person, or, if the person is a medical practitioner who has appointed a representative in relation to the mediation under section 20Z, the person’s representative, fails to participate in part or all of the mediation.