20ZKApplication of certain provisions of the Act

20ZK Application of certain provisions of the Act

(1) Subject to this section, the following provisions apply in relation to the Private Health Insurance Ombudsman as if a reference in any of those provisions to the Ombudsman were a reference to the Private Health Insurance Ombudsman: (a) the definition of authorized person in subsection 3(1); (b) section 7 (complaints); (c) section 11A (powers of Federal Court of Australia); (d) subsection 31(1) (staff); (da) section 32 (duty of principal officer etc. to assist Ombudsman); (e) section 33 (Ombudsman not to be sued); (f) subsection 34(7) (delegation from State Ombudsman); (g) section 35 (officers to observe confidentiality); (h) section 35AA (disclosure of information and documents to National Anti‑Corruption Commissioner or Inspector); (i) section 35A (disclosure of information by Ombudsman); (j) section 35B (disclosure of ACC information); (k) section 35C (disclosure of NACC information); (l) section 36 (offences); (m) section 37 (protection from civil actions). (2) The following provisions apply in accordance with this subsection: (a) section 7 applies as if a reference to investigating a complaint were a reference to dealing with a complaint as mentioned in subsection 20J(1); (b) section 11A applies as if: (i) the reference to a requirement made by the Ombudsman by notice under section 9 to furnish information, to produce documents or other records or to attend before the Ombudsman to answer questions in relation to an investigation under this Act were a reference to a requirement made by the Private Health Insurance Ombudsman by notice under section 20ZE to give information or PHI records in relation to a complaint made under Division 3 of Part IID or an investigation under Division 4 of Part IID; and (ii) the reference to an order directing the person to furnish the information, produce the documents or attend before the Ombudsman to answer questions were a reference to an order directing the person to give the information or PHI records to the Private Health Insurance Ombudsman; (ba) section 32 applies as if: (i) a refence to a Department or prescribed authority were a reference to a private health insurer or private health insurance broker; and (ii) in relation to a private health insurer—a reference to a principal officer were a reference to the individual primarily responsible for the management of the private health insurer; and (iii) in relation to a private health insurance broker that is an individual—a reference to a principal officer were a reference to that individual; and (iv) in relation to a private health insurance broker that is not an individual—a reference to a principal officer were a reference to the individual primarily responsible for the management of the private health insurance broker; and (v) in relation to a private health insurer—a reference to an officer were a reference to a person employed or engaged by, or that is otherwise exercising powers or performing functions for or on behalf of, the private health insurer; and (vi) in relation to a private health insurance broker—a reference to an officer were a reference to a person employed or engaged by, or that is otherwise exercising powers or performing functions for or on behalf of, the private health insurance broker; (c) subparagraph 35(3)(b)(i) applies, in relation to information relating to a complaint made under Division 3 of Part IID or an investigation under Division 4 of Part IID the subject of which is not an individual, as if: (i) the reference to information given by an officer of a Department or prescribed authority in the performance of his or her duties were a reference to information given by an officer of the subject or a person employed in the service of, or engaged to provide services to, the subject; and (ii) the reference to the principal officer of the Department or authority or the responsible Minister were a reference to the individual primarily responsible for the management of the subject; (d) subsection 35(6A) applies as if the reference to paragraph 6(4D)(e) were a reference to paragraph 20K(4)(b) or 20L(4)(b) or section 20W; (e) section 35AA applies as if the reference to the investigation of an action as mentioned in paragraph 5(1)(b) were a reference to an investigation under Division 4 of Part IID or mediation undertaken to try to resolve a matter being investigated under Division 4 of Part IID; (f) section 35A applies as if a reference to an investigation were a reference to: (i) dealing with a complaint as mentioned in subsection 20J(1); or (ii) an investigation under Division 4 of Part IID or mediation undertaken to try to resolve a matter being investigated under Division 4 of Part IID; (g) the definition of listed disclosure method in subsections 35B(2) and 35C(2) applies as if: (i) a reference to Division 2 of Part II were a reference to section 20R, 20V or 20ZG; and (ii) a reference to section 6 or 6A were a reference to section 20K or 20L; (h) section 37 applies as if the reference to a requirement under section 9 were a reference to a requirement under section 20ZE.