Jan McLucas (Queensland, Australian Labor Party, Shadow Minister for Aged Care, Disabilities and Carers) Share this | Hansard source

by leave—I move opposition amendments (1) to (8) on sheet 4989:

(1)    Schedule 1, page 6 (after line 7), after item 11, insert:

11A After paragraph 82ZRC(b)

Insert:

           (bb)    to refer matters to the Australian Competition and Consumer Commission or to other bodies for inquiry;

(2)   Schedule 1, page 16 (after line 16), after item 70, insert:

70A of Part VIC (heading) of Division 4

Repeal the heading, substitute:

Division 4—Health Insurance Commission may conduct investigations, refer matters to ACCC or other bodies

(3)   Schedule 1, page 21 (after line 32), after item 82, insert:

82A After section 82ZTBB

Insert:

82ZTBC Health Insurance Ombudsman may refer matters to Australian Competition and Consumer Commission

                 The Health Insurance Ombudsman may on his or her own initiative refer by notice in writing a specified matter or specified matters concerning charges by health care providers to the Australian Competition and Consumer Commission for inquiry and report.

(4)   Schedule 1, page 21 (after line 32), after item 82, insert:

82B After section 82ZTBB

Insert:

82ZTBD Minister may refer matters to Australian Competition and Consumer Commission

                 The Minister may refer by notice in writing a specified matter or specified matters concerning charges by health care providers to the Australian Competition and Consumer Commission for inquiry and report.

(5)   Schedule 1, page 21 (after line 32), after item 82, insert:

82C After section 82ZTBB

Insert:

82ZTBE Health Insurance Ombudsman may refer matter to other body

                 If, in the Health Insurance Ombudsman’s opinion, it is more appropriate for a specified matter or specified matters concerning charges by health care providers to be referred to a body other than the Australian Competition and Consumer Commission, the Health Insurance Ombudsman may refer by notice in writing, that specified matter or those specified matter to that other body for inquiry and report.

(6)   Schedule 1, page 21 (after line 32), after item 82, insert:

82D After section 82ZTBB

Insert:

82ZTBF Minister may refer matters to other body

                 If, in the Minister’s opinion, it is more appropriate for a specified matter or specified matters concerning charges by health care providers to be referred to a body other than the Australian Competition and Consumer Commission, the Minister may refer by notice in writing that specified matter or those specified matters to that other body for inquiry and report.

(7)   Schedule 1, page 21 (after line 32), after item 82, insert:

82E After section 82ZTBB

Insert:

82ZTBG Inquiries by other bodies

             (1)    If a specified matter is, or specified matters are, referred to another body under section 82ZTBE or 82ZTBF, the other body must, if it agrees to hold the inquiry, appoint by instrument in writing a person to preside at the inquiry.

             (2)    If the other body is a group of two or more individuals, the Minister must by instrument in writing appoint one of those individuals to preside at the inquiry.

             (3)    The Minister must, as soon as practicable after confirmation that the other body will hold the inquiry, cause a statement to be tabled in each House of the Parliament specifying that the body will hold the inquiry, and giving the reasons the body, rather than the Australian Competition and Consumer Commission, has been requested to hold the inquiry.

(8)   Page 27 (after line 10), at the end of the bill, add:

Schedule 3—Amendment of the Trade Practices Act 1974

1 After subsection 95C(1)

Insert:

                 (1A) This Part also applies to an inquiry concerning a specified matter or specified matters referred to the Commission under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

2 At the end of section 95E

Add “and to protect consumers by holding inquiries referred to it under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953”.

3 After subsection 95G(3)

Insert:

                 (3A) The Commission must hold such inquiries as are referred to it under section 82ZTBC or 82ZTBD of the Health Insurance Act 1953.

This group of eight amendments that Labor is moving seek to extend the powers of the Private Health Insurance Ombudsman to a broader set of powers than those proposed in the legislation. The first amendment enables the Private Health Insurance Ombudsman to refer matters to the ACCC. The second amendment allows the minister to refer matters to the ACCC. The third amendment allows a matter to be referred—