Private Health Insurance Act 2007

The Minister may, in writing, require a person to give all reasonable assistance in connection with:

an application:

for a *declaration of contravention in relation to a private health insurer; or

for a declaration of contravention that specifies an *officer of a private health insurer; or

for a pecuniary penalty order under section 203‑10 in relation to an officer of a private health insurer; or

criminal proceedings against a private health insurer, or an officer of a private health insurer, for an offence against this Act.

The Minister must not require the person to assist in connection with an application for a declaration or order unless:

it appears to the Minister that someone other than the person required to assist may have contravened an *enforceable obligation; and

the Minister suspects or believes that the person required to assist can give information relevant to the application.

The Minister must not require the person to assist in connection with criminal proceedings unless:

it appears to the Minister that the person required to assist is unlikely to be a defendant in the proceedings; and

the person required to assist is an employee or agent (including a banker or auditor) of the private health insurer concerned.

The Minister may require the person to assist regardless of whether:

an application for the declaration or order has actually been made; or

criminal proceedings for the offence have actually begun.

The person cannot be required to assist if the person is or has been a lawyer for:

in an application for a declaration or order—the person suspected of the contravention; or

in criminal proceedings—a defendant or likely defendant in the proceedings.

The Federal Court may order the person to comply with the requirement in a specified way. Only the Minister may apply to the court for an order under this subsection.