Minor updates to Private Health Insurance (Health Benefits Fund Enforcement) Rules 2015

The Australian Prudential Regulation Authority (APRA) is proposing to remake Private Health Insurance (Health Benefits Fund Enforcement) Rules 2015 (Rules) with minor updates to ensure it is kept up to date and remains in force. APRA invites stakeholders to provide feedback on this proposal. 

The Rules set requirements on enforcement matters. They provide for procedural matters relating to voluntary deeds of arrangement, external manager recommendations that can be made in reports to APRA, and the actions that APRA may take in response. The Rules also apply certain provisions of the Corporations Act 2001 to health benefit funds that are under external management, subject to modifications set out in the Rules. These Rules are due to cease (sunset) on 30 September 2025. 

The proposed changes include updates to the titles of legislation referenced within the Rules, minor corrections and removal of the transition arrangements provision. Some minor updates are also proposed to address amendments to the Corporations Act made after the 2015 Rules were made. 

The purpose of this consultation is to seek stakeholder feedback on APRA’s proposal to retain the Rules with minor updates. APRA is not proposing changes to the policy settings underpinning the Rules. A draft version of Private Health Insurance (Health Benefits Fund Enforcement) Rules 2025 is available on APRA’s website. Please submit your response via email to policydevelopment@apra.gov.au. Submissions are due by 8 August 2025.

Important disclosure information – publication of submissions

All information in submissions will be made available to the public on the APRA website unless a respondent expressly requests that all or part of the submission is to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as confidential in a separate attachment. Submissions may be the subject of a request for access made under the Freedom of Information Act 1982 (FOIA). APRA will determine such requests, if any, in accordance with the provisions of the FOIA. Information in the submission about any APRA-regulated entity that is “protected information” under section 56 of the Australian Prudential Regulation Authority Act 1998 (APRA Act) can only be disclosed or produced for an authorised purpose under section 56 of the APRA Act and is likely to be exempt from production under the FOIA.

Yours sincerely

Suzanne Smith
Executive Board Member