Private Health Insurance (Complaints Levy) Rules 2007 (Cth)
Private Health Insurance (Complaints Levy) Rules 2007
made under section 8 of the
Private Health Insurance (Complaints Levy) Act 1995
Compilation No. 4
Compilation date: 14 November, 2015
Includes amendments up to: Private Health Insurance (Complaints Levy) Amendment Rules 2015
About this compilation
This compilation
This is a compilation of the Private Health Insurance (Complaints Levy) Rules 2007 that shows the text of the law as amended and in force on 14 November, 2015.
This compilation was prepared on 18 November, 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1 Preliminary 2
1.Name of Rules 2
2.Commencement 2
3.Definitions 2
Part 2 Complaints levy 3
4.Imposition of levy 3
5.Rate of levy 3
6.Rate for a single policy 3
7.Rate for a joint policy 4
8.Census day 4
9. Levy imposed before the Private Health Insurance (Complaints Levy) Amendment Rules 2015 4
Endnotes 5
Part 1 Preliminary
Name of Rules
These Rules are the Private Health Insurance (Complaints Levy) Rules 2007.
Commencement
These Rules commence:
(a)if the Rules are registered before Schedule 1 of the amendment Act commences―at the same time as Schedule 1 of the amendment Act commences; or
(b)if the Rules are registered on or after the day on which Schedule 1 of the amendment Act commences―on the date on which the Rules are registered,
whichever occurs first.
Definitions
Note: Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislative Instruments Act 2003. The Act provides that, unless a contrary intention appears, certain words or expressions used in the Act have the same meanings as in the Private Health Insurance Act 2007. Such words or expressions include:
complaints levy
complying health insurance policy
private health insurer
In these rules:
Act means the Private Health Insurance (Complaints Levy) Act 1995.
amendment Act means the Private Health Insurance Complaints Levy Amendment Act 2007.
complaints levy day has the meaning given by rule 4.
census day means the day specified in rule 8.
joint policy means a policy under which two or more persons are insured.
policy means a complying health insurance policy.
single policy means a policy under which only one person is insured.
Part 2 Complaints levy
Imposition of levy
For the purposes of paragraph 5 (1) (a) of the Act, each of the following days is specified as a complaints levy day:
(a) 30 November 2015; and
(b) for the financial year commencing on 1 July 2016 and every financial year thereafter, the first day of October.
Rate of levy
For item 1 of the table in subsection 6 (1) of the Act:
(a)the rate of levy for each single policy on issue from the private health insurer on the census day is the rate calculated in accordance with rule 6.
(b)the rate of levy for each joint policy on issue from the private health insurer on the census day is the rate calculated in accordance with rule 7.
Note: Policy data held by the Australian Prudential Regulation Authority will be used to calculate the number of single coverage policies and joint coverage policies.
Rate for a single policy
(1) Subject to subrule (2), the rate for a single policy is the rate in cents calculated using the formula―
(a)for the complaints levy day specified in paragraph 4 (a) –
69,566,667 single coverage policies + (2 x joint coverage policies)
(b)for the complaints levy day specified in paragraph 4 (b) –
139,133,334 single coverage policies + (2 x joint coverage policies)
where:
single coverage policies is the aggregate number of single policies on issue from all private health insurers on the census day.
joint coverage policies is the aggregate number of all joint policies on issue from all private health insurers on the census day.
(2) If the rate calculated for a single policy on issue from an insurer is more than 50 cents for the quarter, the rate for the policy is 50 cents.
Rate for a joint policy
(3) Subject to subrule (2), the rate for a joint policy is the rate in cents calculated using the formula:
(a)for the complaints levy day specified in paragraph 4 (a) –
2 x 69,566,667 single coverage policies + (2 x joint coverage policies)
(b)for the complaints levy day specified in paragraph 4 (b) –
2 x 139,133,334 single coverage policies + (2 x joint coverage policies)
where single coverage policies and joint coverage policies have the same meaning as in subrule 6(1).
(4) If the rate calculated for a joint policy on issue from an insurer is more than $1 for the quarter, the rate for the policy is $1.
Census day
For subparagraph 6 (2) (a) (i) of the Act, the census day is the 30 June last occurring before a day on which the levy is payable.
Note: The levy is payable on 31st December each year - see the Private Health Insurance (Levy Administration) Rules 2015.
9. Levy imposed before the Private Health Insurance (Complaints Levy) Amendment Rules 2015
(5) Despite the amendments made by the amending rules, these Rules as in force immediately before the amending rules commenced continue to apply in relation to levy imposed before that time.
(6) In this rule, amending rules means the Private Health Insurance (Complaints Levy) Amendment Rules 2015.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
Endnote 2—Abbreviation key
| A = Act | orig = original |
| ad = added or inserted | par = paragraph(s)/subparagraph(s) |
| am = amended | /sub‑subparagraph(s) |
| amdt = amendment | pres = present |
| c = clause(s) | prev = previous |
| C[x] = Compilation No. x | (prev…) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expires/expired or ceases/ceased to have | rep = repealed |
| effect | rs = repealed and substituted |
| F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
| gaz = gazette | Sch = Schedule(s) |
| LI = Legislative Instrument | Sdiv = Subdivision(s) |
| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
| (md) = misdescribed amendment | SR = Statutory Rules |
| mod = modified/modification | Sub‑Ch = Sub‑Chapter(s) |
| No. = Number(s) | SubPt = Subpart(s) |
| o = order(s) | underlining = whole or part not |
| Ord = Ordinance | commenced or to be commenced |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Private Health Insurance (Complaints Levy) Rules 2007 | 31 March 2007 (see F2007L00895) | 1 April 2007 | |
| Private Health Insurance | 28 November 2008 (see F2008L04531) | 1 December 2008 | |
| Private Health Insurance (Complaints Levy) Amendment Rules 2010 Private Health Insurance (ComplaintsLevy) Amendment Rules 2012 | 17 December 2010 (see F2010L03301) 21 November 2012 (see F2012L02206) | 18 December 2010 22 November 2012 | |
| Private Health Insurance (Complaints Levy) Amendment Rules 2015 | 13 November 2015 (see F2015L01789) | 14 November 2015 |
Endnote 4—Amendment history
| Provision affected | How affected |
| Rule 4 | rep F2015L01789 |
| Rule 5 (note) | am F2015L01789 |
| Subrule 6(1) | am. F2008L04531, F2010L03301, F2012L02206, F2015L01789 |
| Subrule 7(1) | am. F2008L04531, F2010L03301, F2012L02206, F2015L01789 |
| Rule 8 (note) | am F2015L01789 |
| Rule 9 | ad F2015L01789 |
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