Information‑gathering—notices requiring PHI records and information
20ZE Information‑gathering—notices requiring PHI records and information
If the Private Health Insurance Ombudsman reasonably believes that a person is capable of giving information or PHI records relevant to:
deciding if, and how, to deal with a complaint made under Division 3; or
mediating a complaint made under Division 3; or
investigating a complaint made under Division 3; or
evaluating action proposed by the subject of a complaint after referral of the complaint to the subject under Subdivision C of Division 3; or
an investigation under Division 4 (including mediating as part of the investigation under Division 5);
the Private Health Insurance Ombudsman may, by notice in writing given to the person, require the person to give the Private Health Insurance Ombudsman the information or the PHI records (relating to the complaint or the practices and procedures being investigated) that are specified in the notice, before the end of the period specified in the notice.
The Private Health Insurance Ombudsman may give one or more notices under subsection (1) in relation to a complaint or investigation, at any time while the Private Health Insurance Ombudsman is dealing with the complaint or investigation.
Self‑incrimination
A person is not excused from giving information or a PHI record when required to do so under subsection (1) on the ground that the information or PHI record might tend to incriminate the person or expose the person to a penalty.
Section 20ZF deals with matters such as the person’s exposure to penalty and the admissibility of such information or PHI records.
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