Ombudsman Act 1976

Subject to this section, the following provisions apply in relation to the Private Health Insurance Ombudsman as if a reference in any of those provisions to the Ombudsman were a reference to the Private Health Insurance Ombudsman:

the definition of authorized person in subsection 3(1);

section 7 (complaints);

section 11A (powers of Federal Court of Australia);

subsection 31(1) (staff);

section 32 (duty of principal officer etc. to assist Ombudsman);

section 33 (Ombudsman not to be sued);

subsection 34(7) (delegation from State Ombudsman);

section 35 (officers to observe confidentiality);

section 35AA (disclosure of information and documents to National Anti‑Corruption Commissioner or Inspector);

section 35A (disclosure of information by Ombudsman);

section 35C (disclosure of NACC information);

section 36 (offences);

section 37 (protection from civil actions).

The following provisions apply in accordance with this subsection:

section 7 applies as if a reference to investigating a complaint were a reference to dealing with a complaint as mentioned in subsection 20J(1);

section 11A applies as if:

the reference to a requirement made by the Ombudsman by notice under section 9 to furnish information, to produce documents or other records or to attend before the Ombudsman to answer questions in relation to an investigation under this Act were a reference to a requirement made by the Private Health Insurance Ombudsman by notice under section 20ZE to give information or PHI records in relation to a complaint made under Division 3 of Part IID or an investigation under Division 4 of Part IID; and

the reference to an order directing the person to furnish the information, produce the documents or attend before the Ombudsman to answer questions were a reference to an order directing the person to give the information or PHI records to the Private Health Insurance Ombudsman;

section 32 applies as if:

a refence to a Department or prescribed authority were a reference to a private health insurer or private health insurance broker; and

in relation to a private health insurer—a reference to a principal officer were a reference to the individual primarily responsible for the management of the private health insurer; and

in relation to a private health insurance broker that is an individual—a reference to a principal officer were a reference to that individual; and

in relation to a private health insurance broker that is not an individual—a reference to a principal officer were a reference to the individual primarily responsible for the management of the private health insurance broker; and

in relation to a private health insurer—a reference to an officer were a reference to a person employed or engaged by, or that is otherwise exercising powers or performing functions for or on behalf of, the private health insurer; and

in relation to a private health insurance broker—a reference to an officer were a reference to a person employed or engaged by, or that is otherwise exercising powers or performing functions for or on behalf of, the private health insurance broker;

subparagraph 35(3)(b)(i) applies, in relation to information relating to a complaint made under Division 3 of Part IID or an investigation under Division 4 of Part IID the subject of which is not an individual, as if:

the reference to information given by an officer of a Department or prescribed authority in the performance of his or her duties were a reference to information given by an officer of the subject or a person employed in the service of, or engaged to provide services to, the subject; and

the reference to the principal officer of the Department or authority or the responsible Minister were a reference to the individual primarily responsible for the management of the subject;

subsection 35(6A) applies as if the reference to paragraph 6(4D)(e) were a reference to paragraph 20K(4)(b) or 20L(4)(b) or section 20W;

section 35AA applies as if the reference to the investigation of an action as mentioned in paragraph 5(1)(b) were a reference to an investigation under Division 4 of Part IID or mediation undertaken to try to resolve a matter being investigated under Division 4 of Part IID;

section 35A applies as if a reference to an investigation were a reference to:

dealing with a complaint as mentioned in subsection 20J(1); or

an investigation under Division 4 of Part IID or mediation undertaken to try to resolve a matter being investigated under Division 4 of Part IID;

the definition of listed disclosure method in subsection 35C(2) applies as if:

a reference to Division 2 of Part II were a reference to section 20R, 20V or 20ZG; and

a reference to section 6 were a reference to section 20K or 20L;

section 37 applies as if the reference to a requirement under section 9 were a reference to a requirement under section 20ZE.