EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Health
Private Health Insurance Act 2007
Private Health Insurance (Registration) Amendment Rules 2015 (No. 1)
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.
The Private Health Insurance (Registration) Amendment Rules 2015 (No. 1) (the Amendment Rules) amend the Private Health Insurance (Registration) Rules 2009 (No. 2) (the Principal Rules), which commenced on 22 July 2009.
Purpose
The purpose of the Amendment Rules is to repeal the definitions of two restricted access groups in the Schedule.
Background
The Act enables private health insurers to be registered with the Private Health Insurance Administration Council as a ‘restricted access insurer’. A restricted access insurer may only offer complying health insurance policies to a particular group of people, for example members of a professional association (a ‘restricted access group’).
Paragraph 126-20(7)(e) of the Act provides that a restricted access group includes a group of people who all belong to a particular group, based on whether they are or were part of any group described in the Principal Rules.
Subsection 126-20(8) of the Act clarifies that the Principal Rules may describe a group as consisting of one or more classes of people, whether or not the class or classes are described by reference to the matters referred to in paragraphs 126-7(a) – (d) of the Act (for example, membership of a particular industry or union or employment by a particular employer).
The Amendment Rules repeal the definition of the restricted access groups for Phoenix Health Fund Limited and Transport Health Pty Ltd to reflect the change of their registration statuses from restricted access insurers to open access insurers.
Details
Details of the Amendment Rules are set out in the Attachment.
Consultation
The Office of Best Practice Regulation (OBPR) was consulted. OBPR advised that a Regulation Impact Statement was not required because the amendments are minor.
The Amendment Rules commence on the day after registration.
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
ATTACHMENT
DETAILS OF THE PRIVATE HEALTH INSURANCE (REGISTRATION) AMENDMENT RULES 2015 (No. 1)
Section 1 Name of Rules
Section 1 provides that the title of the Amendment Rules is the Private Health Insurance (Registration) Amendment Rules 2015 (No. 1).
Section 2 Commencement
Section 2 provides that the Amendment Rules are to commence on the day after registration.
Section 3 Authority
Section 3 provides that the Amendment Rules are made under the Private Health Insurance Act 2007.
Section 4 Schedule
Section 4 provides that the an instrument specified in a Schedule to the Amendment Rules is amended or repealed as set out in the applicable items and any other item in a Schedule takes effect according to its term.
Schedule – Amendments
The Schedule amends the Private Health Insurance (Registration) Rules 2009 (No. 2) (the Principal Rules).
Item 1 –Schedule – Restricted access groups for certain insurers – table item 4
Item 4 of the Amendment Rules omits the entirety of item 4 of the Principal Rules, as Phoenix Health Fund Limited has ceased to be a restricted access insurer.
Item 2 – Schedule – Restricted access groups for certain insurers – table item 12
Item 12 of the Amendment Rules omits the entirety of item 12 of the Principal Rules, as Transport Health Pty Ltd has ceased to be a restricted access insurer.