EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health and Ageing
Private Health Insurance Act 2007
Private Health Insurance (Registration) Amendment Rules 2011
Authority
Section 333-20 of the Private Health Insurance Act 2007 (the Act) provides that the Minister may make Private Health Insurance (Registration) Rules providing for matters required or permitted by Part 4-3 of the Act, or necessary or convenient in order to carry out or give effect to Part 4-3 of the Act.
Part 4-3 of the Act contains provisions relating to the power of the Private Health Insurance Administration Council (the Council) to register private health insurers.
The Private Health Insurance (Registration) Amendment Rules 2011 (the Amendment Rules) amend the Private Health Insurance (Registration) Rules 2009 (No.2) (the Rules), which commenced on 22 July 2009.
Purpose
The purpose of the Amendment Rules is to amend Queensland Teachers’ Union Health Fund Limited’s (TUH) restricted access group as described in the Schedule to the Rules.
Background
TUH is a restricted access insurer and in accordance with subsection 126-20(6) of the Act may only make available complying health insurance products to people who belong to a particular group as defined in subsection 126-20(7) of the Act. Restricted access insurers and groups are listed in the Schedule to the Rules.
Item 8 of the Schedule to the Rules sets out the classes of people who belong to TUH’s group. Specifically, under subitem 8.1, former and current members of the Queensland Public Sector Union (QPSU) and Australian Services Union Clerical and Administrative (ASU) are eligible to become insured by TUH. QPSU and ASU have recently merged and now trade as Together Queensland Industrial Union of Employees (Together). To reflect this change, the Amendment Rules add Together to TUH’s restricted access group. This change does not expand eligibility for TUH’s membership, nor does it remove currently eligible group members.
Details
The Amendment Rules insert Together Queensland Industrial Union of Employees (Together) in subitem 8.1, Column 2 of the Schedule because of the merger of QPSU and ASU. This will enable TUH to make available complying health insurance products to members of Together.
Further details of the Amendment Rules are set out in the Attachment.
Consultation
In accordance with section 17 of the Legislative Instruments Act 2003, consultation with regard to this amendment took place.
On 23 September 2011, TUH wrote to the Department of Health and Ageing (the Department) advising that QPSU and ASU have merged and are now known as Together. To reflect this change, TUH requested that the Department amend the Rules to include Together in the Schedule. As noted above, this change does not alter eligibility for TUH membership in any way.
The Office of Best Practice Regulation was also consulted and advised that a Regulation Impact Statement was not required because the amendment is machinery in nature as a consequence of the creation of Together Queensland Industrial Union of Employees.
The Amendment Rules commence on 29 November 2011, or if registered after 29 November 2011, on the day after registration on the Federal Register of Legislative Instruments.
The Amendment Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Section 333-20 of the Private Health Insurance Act 2007
PRIVATE HEALTH INSURANCE BRANCH
DEPARTMENT OF HEALTH AND AGEING
OCTOBER 2011
ATTACHMENT
DETAILS OF THE PRIVATE HEALTH INSURANCE (REGISTRATION) AMENDMENT RULES 2011
1. Name of Rules
Rule 1 provides that the title of the Rules is the Private Health Insurance (Registration) Amendment Rules 2011 (the Amendment Rules).
2. Commencement
Rule 2 provides that the Amendment Rules are to commence on 29 November 2011, or
if registered after 29 November 2011, the day after registration.
3. Amendment of the Private Health Insurance (Registration) Rules 2009 (No.2)
Rule 3 provides that the Schedule to the Amendment Rules amends the Private Health Insurance (Registration) Rules 2009 (No.2) (the Rules), which commenced on 22 July 2009.
Schedule – Amendments
Item 1– Schedule – restricted access groups for certain insurers, Item 8 of the Table
The Amendment Rules insert Together Queensland Industrial Union of Employees (Together) at subitem 8.1(e) in Column 2. Subitems 8.1(e) and 8.1(f) of the previous Rules have consequently been renumbered because of the insertion, and are now subitems 8.1(f) and 8.1(g) respectively.