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.