Private Health Insurance (Complaints Levy) Rules 2007
I, ANTHONY JOHN ABBOTT, Minister for Health and Ageing, make these Rules under section 8 of the Private Health Insurance (Complaints Levy) Act 1995.
Dated 30 March 2007
 
 
TONY ABBOTT
____________________________________
 
Minister for Health and Ageing
 
 
 
 
 
Contents
 
 
Part 1                   Preliminary                                                                                           3
1.           Name of Rules                                                                                        3
2.           Commencement                                                                                      3
3.           Definitions                                                                                               3
Part 2                   Complaints levy                                                                                    4
4.           Imposition of levy                                                                                     4
5.           Rate of levy                                                                                             4
6.           Rate for a single policy                                                                             4
7.           Rate for a joint policy                                                                               4
8.           Census day                                                                                            5
 
 
 
Part 1        Preliminary
1.                      Name of Rules
These Rules are the Private Health Insurance (Complaints Levy) Rules 2007.
2.                      Commencement
 These Rules commence:
(a)                    if the Rules are registered before Schedule 1 of the amendment Act commences―at the same time as Schedule 1 of the amendment Act commences; or
(b)                   if the Rules are registered on or after the day on which Schedule 1 of the amendment Act commences―on the date on which the Rules are registered,
whichever occurs first.
3.                      Definitions
Note:            Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislative Instruments Act 2003.  The Act provides that, unless a contrary intention appears, certain words or expressions used in the Act have the same meanings as in the Private Health Insurance Act 2007.  Such words or expressions include:
complaints levy
complying health insurance policy
private health insurer
In these rules:
Act means the Private Health Insurance (Complaints Levy) Act 1995.
amendment Act means the Private Health Insurance Complaints Levy Amendment Act 2007.
complaints levy day has the meaning given by rule 4.
census day means the day specified in rule 8.
joint policy means a policy under which two or more persons are insured.
policy means a complying health insurance policy.
single policy means a policy under which only one person is insured.
Part 2        Complaints levy
4.                      Imposition of levy
For the purposes of paragraph 5 (1) (a) of the Act, the first day of each quarter after 30 June 2007 is specified as a complaints levy day.
Note:            'Quarter' is defined in the Act to mean a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.
5.                      Rate of levy
For item 1 of the table in subsection 6 (1) of the Act:
(a)                    the rate of levy for each single policy on issue from the private health insurer on the census day is the rate calculated in accordance with rule 6.
(b)                   the rate of levy for each joint policy on issue from the private health insurer on the census day is the rate calculated in accordance with rule 7.
Note:            Policy data held by the Private Health Insurance Administration Council will be used to calculate the number of single coverage policies and joint coverage policies.
6.                      Rate for a single policy
(1)        Subject to subrule (2), the rate for a single policy is the rate in cents calculated using the formula―
 
47,800,000

single coverage policies + (2 × joint coverage policies)

 
where:
single coverage policies is the aggregate number of single policies on issue from all private health insurers on the census day.
joint coverage policies is the aggregate number of all joint policies on issue from all private health insurers on the census day.
(2)        If the rate calculated for a single policy on issue from an insurer is more than 50 cents for the quarter, the rate for the policy is 50 cents.
7.                      Rate for a joint policy
(1)        Subject to subrule (2), the rate for a joint policy is the rate in cents calculated using the formula―
 
2 x
47,800,000

single coverage policies + (2 × joint coverage policies)

where single coverage policies and joint coverage policies have the same meaning as in subrule 6 (1).
(2)        If the rate calculated for a joint policy on issue from an insurer is more than $1 for the quarter, the rate for the policy is $1.
8.                      Census day
For subparagraph 6 (2) (a) (i) of the Act, the census day is the 30 June last occurring before a day on which the levy is payable.
Note:            The levy is payable on 31st December each year - see the Private Health Insurance (Levy Administration) Rules 2007.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au