EXPLANATORY STATEMENT
Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2020
The purpose of this Determination is to extend the period within which a private health insurer must notify the Chief Executive Medicare that a person has applied to be a participant in, or to withdraw from, the premiums reduction scheme. The period for notification is being extended from 7 days to 7 business days.
A private health insurer that receives an application from a person for registration as a participant in the premiums reduction scheme, or a notice from a person that they wish to withdraw from the scheme, must notify the Chief Executive Medicare of the application or withdrawal notice. Subsections 23-15(2) and 23-30(2) of the Private Health Insurance Act 2007 (the Act) authorise the Chief Executive Medicare to determine the period (the notification period) within which a private health insurer must notify the Chief Executive Medicare of an application or withdrawal notice.
The current notification period is determined by the Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2013 to be a period of no more than 7 days after receiving the application or withdrawal notification.
This Determination repeals and replaces the Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2013 to extend the notification period from 7 days to 7 business days.
The change to the notification period has been requested by private health insurers to ensure that they have adequate time to provide notifications to the Chief Executive Medicare and are not disadvantaged when there are public holidays during a notification period. The Department of Health was consulted on the change. Given the minor nature of the change, and that that the change is in response to a request from private health insurers, no further consultation was considered necessary.
Following a preliminary assessment (OBPR reference ID 25911) the Office of Best Practice Regulation determined that no Regulation Impact Statement is required for the instrument as the change to the notification period is minor in nature.
The Determination is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
This Determination commences on the day after it is registered on the Federal Register of Legislation.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2020
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2020 determines the period in which a private health insurer that receives an application from a person for registration as a participant in the premiums reduction scheme, or a notice from a person that they wish to withdraw from the scheme, must notify the Chief Executive Medicare of the application or withdrawal notice.
A private health insurer that receives an application from a person for registration as a participant in the premiums reduction scheme, or a notice from a person that they wish to withdraw from the scheme, must notify the Chief Executive Medicare of the application or withdrawal notice. Subsections 23-15(2) and 23-30(2) of the Private Health Insurance Act 2007 (the Act) authorise the Chief Executive Medicare to determine the period (the notification period) within which a private health insurer must notify the Chief Executive Medicare of an application or withdrawal notice.
The current notification period is determined by the Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2013 to be a period of no more than 7 days after receiving the application or withdrawal notification. This Determination repeals and replaces the Private Health Insurance (Notifications Under the Premiums Reduction Scheme) Determination 2013 to extend the notification period from 7 days to 7 business days.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.