Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 203.5

             (1)  If the Federal Court is satisfied that a private health insurer has contravened an * enforceable obligation, it must make a declaration of contravention.

             (2)  The declaration must specify:

                     (a)  the * enforceable obligation that was contravened; and

                     (b)  the private health insurer that contravened the provision; and

                     (c)  the conduct that constituted the contravention; and

                     (d)  if the court is satisfied that an * officer of the private health insurer failed to take reasonable steps to prevent the insurer contravening the enforceable obligation--the officer.

             (3)  A * declaration of contravention is conclusive evidence of the matters mentioned in subsection (2).