Most people during a lifetime will take out numerous insurance policies to protect themselves against situations in which they may suffer financial loss. In spite of this, very few people really understand the cover offered under their policies, or how to take action to get a claim paid.
This topic focuses on:
- matters to consider when buying insurance
- the relationship between insured and insurer
- dispute resolution schemes
- the law about health insurance
Legislation
Insurance policies are contracts regulated by both Commonwealth legislation and common law. The main Acts regulating insurance are:
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Life Insurance Act 1995 (Cth)
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Insurance Contracts Act 1984 (Cth)
Health insurance policies are also regulated by Commonwealth legislation. The main Acts regulating health insurance are:
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National Health Act 1953
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Health Insurance Act 1973
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Private Health Insurance Incentives Act 1998
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Medicare Levy Act 1986
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A New Tax System (Medicare Levy Surcharge Fringe Benefits) Act 1999
Contact points
National Insurance Hotline
Provides free legal advice to anyone in Australia (but does not assist businesses or insurers) on all types of insurance law matters. Some representation available but this is strictly means and merit tested.
Hotline: 1300 663 464 (operates Monday Wednesday 9:30 4:30 pm)
TTY: 133 677
http://www.cclcnsw.org.au
Australian Prudential Regulation Authority
Regulator of the Australian financial services industry. Oversees banks, credit unions, building societies, general insurance and reinsurance companies, life insurance, friendly societies and most members of the superannuation industry.
Level 5, Allianz Centre, 100 Pirie Street ADELAIDE 5000
GPO Box 9836 ADELAIDE 5001
Info line: 1300 13 10 60 (Mon-Fri 8 am - 6 pm EST)
Fax: 8232 5180
http://www.apra.gov.au
email: www.apra.gov.au/contact/form.cfm
There are a number of organisations that provide assistance with regards to complaints and resolving disputes between consumer and insurers. Contact details for these organisations are provided below. Not all organisations provide the same type of service or cover the same types of insurance products. For further information on the most relevant organisation for your particular type of insurance dispute see Complaints against insurance companies.
Financial Industry Complaints Service Ltd
National external dispute resolution scheme. Provides free advice and assistance to consumers to aid them in resolving complaints relating to the financial services industry, including life insurance and superannuation trusts.
PO Box 579 Collins Street West MELBOURNE Vic 8007
Ph: 1300 780 808
Fax: (03) 9621 2291
http://www.fics.asn.au
email: fics@fics.asn.au
Insurance Brokers Disputes Limited (IBDL)
National, self-regulatory scheme operated by the insurance broker industry. Provides a free consumer service that handles complaints and helps resolve problems with insurance brokers. Covers a range of policies including motor vehicle, home (buildings and contents), sickness and accident, life, consumer credit, travel, personal and domestic property up to a claim limit of $50,000.
Level 13, 31Queen Street MELBOURNE VIC 3000
Ph:1300 780 808
Fax: (03) 9620 0166
www.ibdltd.com.au
info@ibdltd.com.au
Insurance Ombudsman Service Limited (IOS)
A national service assisting in dispute resolution between consumers and insurers for general insurance products (i.e. home building, home contents, motor vehicle, travel, sickness and accident, consumer credit, valuables and personal property).
PO Box 561 Collins Street West MELBOURNE VIC 8007
Ph: 1300 78 08 08
Fax: (03) 9621 2060
http://www.iecltd.com.au
HIV/AIDS Legal Centre (HALC)
Community legal centre which specialises in HIV related legal matters.
9 Commonwealth Street SURRY HILLS NSW 2010
PO Box 350 DARLINGHURST NSW 1300
Ph: 1800 063 060 or (02) 9206 2060
Fax: (02) 9206 2053
http://www.halc.org.au
email: halc@halc.org.au
Private Health Insurance Ombudsman (PHIO)
Available to members of a private health fund. Provides an independent service to assist consumers with health insurance problems and enquiries.
Level 7, 362 Kent Street SYDNEY NSW 2000
Complaints hotline: 1800 640 695
http://www.phio.org.au