What it does
This instrument, the Private Health Insurance (Complaints Levy) Rules 2023, prescribes the operational mechanics for the annual complaints levy that is imposed on private health insurers under the Private Health Insurance (Complaints Levy) Act 1995. The Rules are made under section 8 of that Act (rule 3) and were made and dated 4 September 2023 by the Minister for Health and Aged Care. The instrument commences the day after it is registered (rule 2(1)). It also repeals the 2022 Rules in full (Schedule 1).
Mechanically, the Rules do four things:
- Fix the census day used to determine the policy counts on which the levy is calculated, as the 30 June last occurring before the day on which the levy is payable (rule 6).
- Fix the complaints levy day as 1 October each year, explicitly stating that this is the day the levy is imposed on the conduct of health insurance business by private health insurers and that it is an imposition day for section 307-1 of the Private Health Insurance Act 2007 (rule 7).
- Set the formulae for the per-policy rates for single and joint complying health insurance policies, and apply maximum caps to those per-policy rates (rules 8 and 9). The formulae use a fixed dollar numerator ($2,964,000.00) and the denominator total number of single policies plus two times total number of joint policies, where totals are taken across all private health insurers on the census day (rule 4(1) definitions and the note in that clause which states the numbers used are taken from data held by the Australian Prudential Regulation Authority).
- Repeal the Private Health Insurance (Complaints Levy) Rules 2022 (Schedule 1).
The Rules therefore determine when the levy is imposed and on what snapshot of policy counts it is calculated, the rates to be applied per single and joint policy and the caps on those rates, and they remove the prior year's instrument. The Rules do not set payment mechanics in this instrument; rule 6 includes a note that the Private Health Insurance (Levy Administration) Rules 2015 specify the payment day, and the instrument contains no penalty or enforcement provisions. The definitions draw in terms from the Private Health Insurance Act 2007, so the meaning of "policy" is the "complying health insurance policy" defined in section 63-10 of the Private Health Insurance Act 2007 (rule 4(1)) and the instrument states that other expressions have the same meanings as in that Act (rule 4(2)).