Ombudsman Act 1976

If the Private Health Insurance Ombudsman directs a party to participate in mediation, the mediation may be conducted by:

the Private Health Insurance Ombudsman; or

a person appointed by the Private Health Insurance Ombudsman under section 20ZC.

Mediation in which a party is directed to participate ceases:

if the parties agree to settle the matter; or

if the Private Health Insurance Ombudsman concludes that the matter cannot be settled by mediation.

The Private Health Insurance Ombudsman Rules may prescribe matters to which the Private Health Insurance Ombudsman is to have regard before concluding that a matter cannot be settled by mediation.

A person appointed by the Private Health Insurance Ombudsman under section 20ZC to conduct mediation must, as soon as practicable after the mediation is conducted or should have been conducted, report to the Private Health Insurance Ombudsman about:

whether the mediation was conducted; and

if the mediation failed—the reasons for the failure; and

if the parties agreed to settle the complaint—the terms of the settlement, including any action to be taken.