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PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 - SECT 95

Notice of contravention of prudential standards or of other matters that materially affect financial position

  (1)   A private health insurer commits an offence if:

  (a)   the insurer becomes aware of:

  (i)   a contravention by it of a prudential standard, other than a contravention that is merely of a minor or technical nature; or

  (ii)   any other matter or occurrence that materially affects its financial position; and

  (b)   the insurer fails to notify APRA, as soon as practicable, in writing of the contravention or of the other matter or occurrence.

Penalty:   30 penalty units.

Note:   If a body corporate is convicted of an offence against this subsection, subsection   4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

  (2)   A notification given to APRA of a matter referred to in paragraph   (1)(a) must not include personal information relating to a person insured under a complying health insurance product that is referable to a health benefits fund conducted by the insurer, unless the information relates to prudential matters relating to the insurer.



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