Nigel Scullion (NT, Country Liberal Party, Minister for Indigenous Affairs) Share this | Hansard source

by leave—I move, in respect of the Private Health Insurance Legislation Amendment Bill 2018, government amendments (1) to (5) on sheet LP101 together:

(1) Clause 2, page 2 (table item 3), omit the table item, substitute:

[commencement]

(2) Schedule 3, item 4, page 10 (after line 6), after subsection 20ZHA(1), insert:

(1A) Before entering the place, the Private Health Insurance Ombudsman must give the occupier of the place at least 48 hours' written notice of the Private Health Insurance Ombudsman's intention to enter the place.

[notice of entry]

(3) Schedule 3, items 6 and 7, page 11 (lines 28 to 32), omit the items, substitute:

6 Subsection 34(2C)

Omit "to a member of staff mentioned in section 31 all or any of his or her powers or functions under this Act, other than his or her powers under section 20R and 20V", substitute "all or any of the Private Health Insurance Ombudsman's functions or powers under this Act (other than those under section 20R, paragraph 20SB(4) (b) and section 20V) to a person whom the Private Health Insurance Ombudsman considers has expertise appropriate to the function or power delegated".

[delegation]

(4) Schedule 3, item 8, page 12 (line 4), omit "1 July 2018", substitute "the day this item commences".

[commencement]

(5) Schedule 3, item 9, page 12 (line 7), omit "1 July 2018", substitute "the day this item commences".

In response to the Senate Standing Committee on the Scrutiny of Bills report on this legislation and some comments to the Senate inquiry into this legislation, the amendments have been drafted to require that the Private Health Insurance Ombudsman provide 48 hours written notice before exercising new entry and inspection powers, and only delegate his or her functions or powers to persons the Private Health Insurance Ombudsman considers to have appropriate expertise. Additional powers given to the Private Health Insurance Ombudsman in this bill are consistent with the Commonwealth Ombudsman's powers in other areas it is responsible for, including oversight and inspection of approximately 20 law enforcement agencies. The requirement for 48 hours notice responds to questions about unannounced inspections and audits, including industry concerns that they may be inadequately prepared or under-resourced to accommodate unannounced inspections.

With respect to the delegation provisions, the bill provides for the delegation of functions or powers of the Private Health Insurance Ombudsman to any person. The act currently provides a delegation to staff members, but a broader delegation is important to ensure the seamless and efficient implementation of the new powers. These government amendments will ensure the powers and functions are only delegated to a person whom the Private Health Insurance Ombudsman considers to have the appropriate expertise. The government amendments to the bill will also amend the commencement date for these changes from 1 July 2018 to the day after royal assent, as they are not intended to be retrospective.

Question agreed to.

Private Health Insurance Legislation Amendment Bill 2018, as amended, agreed to; A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 and Medicare Levy Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 agreed to.

Private Health Insurance Legislation Amendment Bill 2018 reported with amendments; A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 and Medicare Levy Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 reported without amendments; report adopted.