Private Health Insurance (Registration) Rules 2009

Administered by Department of Health, Disability and Ageing

Legislation au F2009L00654 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Issued by the Authority of the Minister for Health and Ageing

 

Private Health Insurance Act 2007

 

Private Health Insurance (Registration) Rules 2009

 

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) Rules 2009 (the Rules) commence on the day following their registration on the Federal Register of Legislative Instruments. The Rules revoke and replace the Private Health Insurance (Registration) Rules 2007 (No. 2) (the previous Rules) which commenced on 12 October 2007.

 

The Rules remain the same as the previous Rules except for the changes outlined below.

 

The previous Rules described 13 *restricted access groups (the Groups) for the purposes of paragraph 126-20(7)(e) of the Act. The Groups commenced on the commencement date of the previous Rules, 12 October 2007. The new Rules differ from the previous Rules in that the composition of two of these described groups have changed.

 

Specifically, subrule 6(b) of the Rules and Item 11.7 (Column 2) of the schedule of the Rules has been changed to the effect that, in the case of Teachers Federation Health Fund Ltd (TFHF), a person who is or becomes, an officer or employee (including a contractor) of TFHF must be a financial member of a union (if applicable) at the time that he or she seeks to become insured by TFHF in order to belong to the Group. For the avoidance of doubt, this requirement is from the commencement date of the Rules onwards and does not apply to those persons who already belonged to the Group immediately prior to the commencement of these Rules.

 

The composition of the South Australian Police Employees Health Fund Inc Group (SAPEH) in the Rules is changed by Items 10.2 and 10.3 (Column 2) of the schedule of the Rules. This Group has been broadened to include those people who were employed on or after 1 January 2001 but are no longer so employed by a State (other than South Australia), Territory or Federal police department or service, or a police association. For the avoidance of doubt, this requirement does not affect a person who is, or was, an employee of South Australia Police.

 

Details of the Rules are set out in the ­Attachment.  The Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003. 

 

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required.

 

Consultation

 

The Department of Health and Ageing consulted with both private health insurers affected by these changes.

 

 

 

MINISTER FOR HEALTH AND AGEING

FEBRUARY 2009

ATTACHMENT

 

DETAILS OF THE PRIVATE HEALTH INSURANCE (REGISTRATION) RULES 2009

 

1. Name of Rules

 

Rule 1 provides that the title of the Rules is the Private Health Insurance (Registration) Rules 2009 (the Rules).

 

2. Commencement

 

Rule 2 provides that the Rules commences on the day after they are registered on the Federal Register of Legislative Instruments.

 

3. Effect of Rules

 

Rule 3 provides for the Private Health Insurance (Registration) Rules 2007 (No. 2) to be revoked and to be replaced by these Rules.

 

4. Definitions

 

Rule 4 provides that terms used in the Rules have the same meaning as in the Private Health Insurance Act 2007 (the Act). It also defines the terms ‘Principal Insureds’ and ‘Act’ which is used in the Rules.

 

5.  Deciding the application

 

Rule 5 provides that the Council is required to consider certain matters when deciding an application for registration as a private health insurer.

 

Subrule 5(1) provides that these matters are the likely ratio of management and administration expenses in respect of the funds to the likely amount of premiums of each fund; the likely number of persons who will contribute to the fund and the proposed premiums; and information on the application provided in writing by, or on behalf of, the Secretary of the Department. This may include information as to whether the body is likely to be able to comply with the obligations imposed by or under the Act on private health insurers.

 

6. Description of groups for existing restricted access insurers

 

Rule 6 contains, for the purpose of paragraph 126-20(7)(e) of the Act, the description of a group for restricted access insurers.

 

Subsection 126-20(7) of the Act provides that a restricted access group is a group of people who all belong to a particular group, based on whether they belong to one of the groups described in paragraphs 126-20(7)(a) to (e).

 

Rule 6(a) provides that persons who were already insured with a *restricted access insurer immediately before 12 October 2007 belong to a *restricted access group (‘a Group’) to whom that insurer’s *complying health insurance products are, or will be, made available.

 

As indicated in note (i) to Rule 6, the purpose of Rule 6(a) is to ensure that *restricted access insurers are able to continue to provide cover to all existing insured persons.

 

Rule 6(b) provides that persons who are, or become, officers or employees (including contractors) of a *restricted access insurer that makes available its *complying health insurance products to a Group are also taken to belong to that Group, except where the person is or becomes an employee (including a contractor) of Reserve Bank Health Society Limited or where the person becomes an officer or employee (including a contractor) of Teachers Federation Health Fund Ltd (TFHF).

 

Rule 6(c) provides that the partners and *dependent children of Principal Insureds are also taken to belong to the same Group as those Principal Insureds.

 

Rule 6(d) provides that the former partners and adult children of Principal Insureds are also taken to belong to the same Group as those Principal Insureds, except where the Principal Insured is insured by Reserve Bank Health Society Limited.

 

Rule 6(e) provides that the siblings, grandchildren and parents of Principal Insureds are also taken to belong the same Group as those Principal Insureds, except where the Principal Insured is insured by the following *restricted access insurers: ACA Health Benefits Fund, South Australian Police Employees Health Fund Inc, or Reserve Bank Health Society Limited.

 

Rule 6(f) provides that the partners and *dependent children of persons who are the adult children of Principal Insureds are also taken to belong to the same Group as those Principal Insureds, except where the Principal Insured is insured by Reserve Bank Health Society Limited.

 

Rule 6(g) provides that the partners and *dependent children of persons who are the siblings of Principal Insureds are also taken to belong to the same Group as those Principal Insureds, except where the Principal Insured is insured by the following *restricted access insurers: ACA health Benefits Fund, or South Australian Police Employees Health Fund Inc, or Reserve Bank Health Society Limited.

 

Rule 6(h) provides that on and from commencement of the Rules, the Group to whom a *restricted access insurer specified in Column 1 of the Schedule does or will make its *complying health insurance products available comprises:

 

  • the persons described in paragraphs 6(a), (b), (c), (d), (e), (f) and (g); and
  • the classes of people specified in Column 2 of the Schedule for that insurer.

 

As indicated in note (ii) to Rule 6 the purpose of paragraph (h) is to ensure that, on and from the commencement of these Rules, *restricted access insurers are able to continue to make *complying health insurance products available to limited classes of people who might not otherwise form part of a *restricted access group for the purposes of subsection 126-20(7) of the Act.


7. Limits on insurance provided by restricted access insurers

 

For the avoidance of doubt, Rule 7(a) confirms that a *restricted access insurer’s constitution may only specify one *restricted access group to whom the insurer’s complying health insurance products are, or will be, available.

 

For the avoidance of doubt, Rule 7(b) confirms that a *restricted access insurer may not add new persons to this *restricted access group in addition to the persons included in that group by the operation of the Act and these Rules.

 

For the avoidance of doubt, Rule 7(c) confirms that paragraphs 6(c), 6(f) and 6(g) of these Rules modify the operation of subsection 126-20 (7) of the Act in relation to the partners and dependent children of people who belong to a *restricted access group.

 

 

Schedule – restricted access groups for certain insurers

 

This is the Schedule referred to in Rule 6(h) of the Rules.

 

Item 10.2 (Column 2) – Persons deemed to be included in the insurer’s restricted access group for the South Australian Policy Employees Health Fund Inc

 

Item 10.1 remains unchanged.

 

Item 10.2 is changed so that a person who is employed, or was employed on or after 1 January 2001 but is no longer so employed, by a State, Territory or Federal police department or service other than SAPOL forms part of the Group.

 

Item 10.3 is changed so that a person who is employed, or was employed on or after 1 January 2001 but is no longer so employed, by a State, Territory or Federal police association forms part of the Group.

 

Item 11.7 (Column 2) – Persons deemed to be included in the insurer’s restricted access group for Teachers Federation Health Fund Ltd

 

Items 11.1 to 11.6 remain unchanged.

 

Item 11.7 is inserted and provides that a person who is, or becomes, an officer or employee of, or a contractor to, TFHF and who is, at the time at which they seek to become insured by TFHF, a financial member of a union (if any) of which they are eligible to be a member, forms part of the Group.

 

 

 

MINISTER FOR HEALTH AND AGEING

FEBRUARY 2009

 

Overview

The Private Health Insurance (Registration) Rules 2009, issued under the authority of the Minister for Health and Ageing, provide a framework for the registration of private health insurers as required by Part 4-3 of the Private Health Insurance Act 2007. These rules were introduced to address the need for a structured process to register private health insurers, ensuring that they comply with relevant statutory obligations. The enacting body for these rules is the Minister for Health and Ageing, and the policy objective is to maintain and enhance the regulatory environment for private health insurance in Australia, ensuring that insurers operate within the legal framework established by the Act. The rules replace the previous Private Health Insurance (Registration) Rules 2007, bringing about specific changes to the composition of restricted access groups for certain insurers, such as the Teachers Federation Health Fund Ltd and the South Australian Police Employees Health Fund Inc. These changes aim to align the rules more closely with the operational realities of the private health insurance sector, ensuring continued access to restricted access groups while maintaining the integrity of the regulatory scheme.

Scope and Application

The Private Health Insurance (Registration) Rules 2009 applies to private health insurers seeking registration under the Private Health Insurance Act 2007. This encompasses entities and individuals involved in the administration and management of private health insurance funds, particularly those designated as restricted access insurers. The Rules establish the criteria and processes for such registration, ensuring compliance with the legislative requirements of the Act. They are applicable across Australia, reflecting the Commonwealth's jurisdiction over private health insurance regulation. The Rules exclude matters not explicitly addressed within their scope, but they can be extended or modified through subordinate instruments issued by the Minister for Health and Ageing. Notably, the Rules outline specific conditions for certain restricted access groups, such as the South Australian Police Employees Health Fund Inc and Teachers Federation Health Fund Ltd, thereby affecting eligibility and membership criteria for these groups. These changes are effective from the date the Rules are registered, impacting existing and new applicants for private health insurance registration.

Key Provisions

The Private Health Insurance (Registration) Rules 2009 provide the framework for the registration of private health insurers, ensuring they comply with the provisions of the Private Health Insurance Act 2007. The Rules, which came into effect on the day following their registration on the Federal Register of Legislative Instruments, replace the Private Health Insurance (Registration) Rules 2007 (No. 2) and introduce specific changes concerning the composition of restricted access groups for certain insurers. Under Rule 5, the Private Health Insurance Administration Council must consider several factors when deciding an application for registration, including the likely ratio of management and administration expenses to the likely amount of premiums, the number of persons expected to contribute to the fund, and the proposed premiums. Rule 6 delineates the composition of restricted access groups, ensuring that existing members and specific categories of people remain part of these groups. These categories include current members, officers and employees of insurers, partners and dependent children of insured persons, former partners and adult children, siblings, grandchildren, and parents of insured persons, and partners and dependent children of the siblings and adult children of insured persons. However, certain exceptions apply depending on the insurer in question. The Rules impose obligations on private health insurers to ensure they meet the criteria for registration and maintain compliance with the provisions of the Act. Insurers must adhere to the specified composition of restricted access groups, ensuring that only eligible persons are included. For instance, Teachers Federation Health Fund Ltd (TFHF) requires officers or employees (including contractors) seeking insurance to be financial members of a union at the time of application. Similarly, the South Australian Police Employees Health Fund Inc Group has been expanded to include individuals employed by state, territory, or federal police departments or services after 1 January 2001, excluding South Australia Police. These obligations are designed to maintain the integrity and purpose of restricted access groups, ensuring they serve the intended populations. Failure to comply with the requirements set out in the Private Health Insurance (Registration) Rules 2009 may result in civil or criminal penalties. Although the specific penalties are not detailed in the Rules, non-compliance with the Private Health Insurance Act 2007 generally can lead to substantial fines and, in severe cases, imprisonment. The severity of penalties would depend on the nature and extent of the breach, with the Act providing for significant financial penalties for both individuals and corporate entities. Additionally, ongoing non-compliance may result in the revocation of the insurer's registration, effectively barring them from operating in the private health insurance market.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.