Medical Indemnity Act 2002 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Medical Indemnity Act 2002 .
This Act commences, or is taken to have commenced, on 1 January 2003.
Availability of medical services
(1) An object of this Act is to contribute towards the availability of medical services in Australia by providing Commonwealth assistance to support access by medical practitioners to arrangements that indemnify them for claims arising in relation to their practice of their medical professions.
(2) The Commonwealth provides that assistance under this Act by:
(a) meeting part of the costs of large settlements or awards paid by organisations that indemnify medical practitioners (but only for claims notified on or after 1 January 2003); and
(aa) meeting the amounts by which settlements and awards exceed insurance contract limits, if those contract limits meet the Commonwealth’s threshold requirements; and
(ab) meeting the amounts payable in relation to certain claims (notified on or after 1 July 2004) against medical practitioners who are no longer in private medical practice; and
(b) providing for a subsidy scheme to help certain medical practitioners meet the cost of their indemnity arrangements; and
(c) meeting the cost associated with certain IBNR liabilities of organisations that indemnify medical practitioners to the extent to which those organisations had not made adequate provision for those liabilities as at 30 June 2002.
Note: The acronym “IBNR” is used in this Act for “incurred but not reported”.
(3) The Commonwealth provides further assistance in relation to members and former members of UMP under a Medical Indemnity Agreement referred to in the
Medical Indemnity Agreement (Financial Assistance—Binding Commonwealth Obligations) Act 2002 .(3A) This Act also supports access by medical practitioners to arrangements that indemnify them for claims arising in relation to their practice of their medical professions by limiting when medical indemnity insurers can refuse to provide medical indemnity cover.
(4) Another object of this Act (together with the medical indemnity payment legislation) is to allow the Commonwealth to recover the costs of providing the assistance referred to in paragraph (2)(ab) by requiring payments from medical indemnity insurers.
Availability of other health services
(5) Another object of this Act is to contribute towards the availability of certain health services in Australia by providing Commonwealth assistance to support access by persons who practise allied health professions to arrangements that indemnify them for claims arising in relation to their practices.
(6) The Commonwealth provides that assistance under this Act by:
(a) meeting part of the costs of large settlements or awards paid by organisations that indemnify persons who practise allied health professions; and
(b) meeting the amounts by which settlements and awards exceed insurance contract limits, if those contract limits meet the Commonwealth’s threshold requirements.
General
(1) In this Act, unless the contrary intention appears:
Actuary means the Australian Government Actuary.
administrative action has the meaning given by subsection 76A(4).
AFCA has the same meaning as in theCorporations Act 2001 .
affected medical practitioner has the meaning given by section 34ZQ.
allied health exceptional claims indemnity means an allied health exceptional claims indemnity paid or payable under Division 2D of Part 2.Note: Amounts payable under regulations made for the purposes of section 34ZZZD (allied health exceptional claims payments) are not covered by this definition.
allied health high cost claim indemnity means an allied health high cost claim indemnity paid or payable under Division 2C of Part 2.Note: Amounts payable under regulations made for the purposes of section 34ZZG (allied health high cost claims payments) are not covered by this definition.
allied health high cost claim threshold has the meaning given by section 34ZZA.
allied health profession means a profession that is:
(a) a health profession within the meaning of the Health Practitioner Regulation National Law, other than the medical profession; or
(b) specified in the rules.
allied health termination date means the date, if any, set by rules under section 34ZZM.
Chapter 5 body corporate means:
(a) a body corporate that is a Chapter 5 body corporate within the meaning of the
Corporations Act 2001 ; or(b) a body corporate to which a provisional liquidator has been appointed.
Chief Executive Medicare has the same meaning as in theHuman Services (Medicare) Act 1973 .
claim :
(a) means a claim or demand of any kind (whether or not involving legal proceedings); and
(b) includes proceedings of any kind including:
(i) proceedings before an administrative tribunal or of an administrative nature; and
(ii) disciplinary proceedings (including disciplinary proceedings conducted by or on behalf of a professional body); and
(iii) an inquiry or investigation;
and
claim against a person includes an inquiry into, or an investigation of, the person’s conduct.Note: Subsection (1A) extends the meaning of
claim for the purposes of Division 2B of Part 2 (run‑off cover indemnity scheme).
conducted appropriately : a defence of a claim against a person isconducted appropriately if, and only if:
(a) to the extent it is conducted on the person’s behalf by an insurer, or by a legal practitioner engaged by an insurer—the defence is conducted to a standard that is consistent with the insurer’s usual standard for the conduct of the defence of claims; and
(b) to the extent it is conducted by the person, or by a legal practitioner engaged by the person—the defence is conducted prudently.
contribution year has the same meaning as in theMedical Indemnity (Run‑off Cover Support Payment) Act 2004 .
defence , of a claim against a person, includes any settlement negotiations on behalf of the person.
eligible insurer has the meaning given in section 34ZZ.
eligible MDO has the meaning given in section 34ZZ.
eligible midwife has the same meaning as in theMidwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 .
eligible related claims : see section 8A.
eligible run‑off claim has the meaning given by section 34ZB.
exceptional claims indemnity means an exceptional claims indemnity paid or payable under Division 2A of Part 2.Note: Amounts payable under regulations made for the purposes of section 34X (exceptional claims payments) are not covered by this definition.
exceptional claims termination date means the date, if any, set by rules under section 34G.
Federal Register of Legislation means the Federal Register of Legislation established under theLegislation Act 2003 .
health care related vocation means a health care related vocation in relation to which there is at least one State or Territory under the law of which a person must be registered in order to practise.
Health Practitioner Regulation National Law means the Health Practitioner Regulation National Law set out in the Schedule to theHealth Practitioner Regulation National Law Act 2009 (Qld).
health service means any service, care, treatment, advice or goods provided in respect of the physical or mental health of a person.
high cost claim indemnity means a high cost claim indemnity paid or payable under Division 2 of Part 2.Note: Amounts payable under regulations made for the purposes of section 34AA (high cost claims payments) are not covered by this definition.
high cost claim threshold has the meaning given by section 29.
IBNR exposure has the meaning given by section 8.
IBNR indemnity means an IBNR indemnity paid or payable under Division 1 of Part 2.Note: Amounts payable under regulations made for the purposes of section 27A (IBNR claims payments) are not covered by this definition.
incident means any incident (including any act, omission or circumstance) that occurs, or that is claimed to have occurred, in the course of, or in connection with, the provision of a health service.
incident‑occurring based cover has the meaning given by section 7.
indemnify has a meaning affected by subsection (2).
indemnity scheme payment means:
(a) an IBNR indemnity; or
(b) a high cost claim indemnity; or
(c) an exceptional claims indemnity; or
(d) a run‑off cover indemnity; or
(e) an allied health high cost claim indemnity; or
(f) an allied health exceptional claims indemnity.
insurance business has the same meaning as in theInsurance Act 1973 .
insurer means a person who carries on insurance business.
insurer‑to‑insurer payment means a payment that:
(a) is made by an MDO or insurer to an MDO or an insurer; and
(b) is not made by the MDO or insurer on behalf of another person.
invoice includes:
(a) any document issued by an MDO to a person (whether or not the person is already a member of the MDO) that contains a quote for the amount of subscription that is or would be payable by that person for membership of the MDO; and
(b) any document issued by a medical indemnity insurer to a person (whether or not the medical indemnity insurer already provides medical indemnity cover to the person) that contains a quote for the amount of premium that is or would be payable by that person for provision of such cover.
late payment penalty :
(a) in relation to an amount repayable under section 24—means a penalty payable under section 27; and
(aa) in relation to a debt owed under section 34T—means a penalty payable under section 34W; and
(ab) in relation to a debt owed under section 34ZJ—means a penalty payable under section 34ZM; and
(ac) in relation to a debt owed under section 34ZZZ—means a penalty payable under section 34ZZZC; and
(b) in relation to a run‑off cover support payment—means a penalty payable under section 65.
legal practitioner means a person who is enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of:
(a) a federal court; or
(b) a court of a State or Territory.
MDO has the meaning given by section 5.
medical indemnity cover : a contract of insurance provides medical indemnity cover for a person if:
(a) the person is specified or referred to in the contract, whether by name or otherwise, as a person to whom the insurance cover provided by the contract extends; and
(b) the insurance cover indemnifies the person (subject to the terms and conditions of the contract) in relation to claims that may be made against the person in relation to incidents that occur or occurred in the course of, or in connection with, the practice by the person of a medical profession.
Note: A single contract of insurance may provide medical indemnity cover for more than one person.
medical indemnity insurer means:
(a) a body corporate authorised under section 12 of the
Insurance Act 1973 that; or(b) a Lloyd’s underwriter within the meaning of that Act who;
in carrying on insurance business in Australia, enters into contracts of insurance providing medical indemnity cover for other persons.
medical indemnity payment legislation means theMedical Indemnity (Run‑off Cover Support Payment) Act 2004 .
medical practitioner means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.Note: Subsection (6) gives this definition an extended meaning in Division 2B or 4 of Part 2.
medical profession includes a health care related vocation.
medicare program has the same meaning as in theHuman Services (Medicare) Act 1973 .
member of an MDO has the meaning given by section 6.
midwife insurer means an insurer that is an eligible insurer within the meaning of theMidwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 .
midwife professional indemnity cover has the same meaning as in theMidwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 .
participating MDO means UMP.
payment made in relation to a claim has (other than in Divisions 2A and 2D of Part 2) the meaning given by subsections (3) and (4).
practitioner’s contract limit , in relation to a person for whom a contract of insurance provides medical indemnity cover, means the maximum amount payable, in aggregate, by the insurer under the contract in relation to claims against the person.Note 1: If the contract provides medical indemnity cover for more than one person, there must be a separate contract limit for each of those persons.
Note 2: For how this definition applies if the contract provides for deductibles, see section 8B.
Note 3: For how this definition interacts with the high cost claim indemnity scheme and the allied health high cost claim indemnity scheme, see sections 34D and 34ZZJ.
private medical practice means practice as a medical practitioner, other than:
(a) practice consisting of treatment of public patients in a public hospital; or
(b) practice for which:
(i) the Commonwealth, a State or a Territory; or
(ii) a local governing body; or
(iii) an authority established under a law of the Commonwealth, a State or a Territory;
indemnifies medical practitioners from liability relating to compensation claims (within the meaning of the
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 ); or
(c) practice conducted wholly outside both Australia and the external Territories; or
(d) practice of a kind specified in the rules.
professional indemnity cover : a contract of insurance with a medical practitioner providesprofessional indemnity cover if it provides medical indemnity cover for the practitioner in relation to the practitioner’s private medical practice.
provable : an amount that an MDO or insurer is liable to pay isprovable if:
(a) it is provable in the winding up of the MDO or insurer if the winding up of the MDO or insurer has commenced; or
(b) it would be provable in the winding up of the MDO or insurer if the MDO or insurer were to be wound up.
public hospital means a recognised hospital within the meaning of theHealth Insurance Act 1973 .
public patient has the same meaning as in theHealth Insurance Act 1973 .
qualifying allied health claim certificate means a certificate issued by the Chief Executive Medicare under section 34ZZK.
qualifying allied health liability , in relation to a claim, has the meaning given by section 34ZZS.
qualifying allied health payment : see subsection 34ZZB(4).
qualifying claim certificate means a certificate issued by the Chief Executive Medicare under section 34E.
qualifying liability , in relation to a claim, has the meaning given by section 34M.
qualifying payment : see subsection 30(2).
related body corporate has the same meaning as in theCorporations Act 2001 .
relevant allied health threshold : see subsection 34ZZL(1).
relevant threshold : see subsection 34F(1).
risk surcharge has the meaning given by subsection 52C(1).
rules means the rules made under section 80.
run‑off cover credit has the meaning given by subsection 34ZS(2).
run‑off cover indemnity means a run‑off cover indemnity paid or payable under Division 2B of Part 2.Note: Amounts payable under regulations made for the purposes of section 34ZN (run‑off claims payments) are not covered by this definition.
run‑off cover support payment means a payment payable under Division 2 of Part 3.
Secretary means the Secretary of the Department.
subject to appeal : a judgment or order issubject to appeal until:
(a) any applicable time limits for lodging an appeal (however described) against the judgment or order have expired; and
(b) if there is such an appeal against the judgment or order—the appeal (and any subsequent appeals) have been finally disposed of.
total run‑off cover credit has the meaning given by section 34ZS.
UMP means United Medical Protection Limited.
Notifications by practitioners may constitute claims
(1A) A reference in Division 2B of Part 2 to a claim includes a reference to a notification by or on behalf of a person of an incident, or a series of related incidents, if:
(a) at the time of the incident, or one or more of the incidents, the person was a medical practitioner; and
(b) the notification is to a medical indemnity insurer or an MDO; and
(c) at the time of the notification:
(i) a contract of insurance with the insurer provided the person with medical indemnity cover; or
(ii) an arrangement with the MDO provided medical indemnity cover (within the meaning of the
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 ) for the person;and the cover would have indemnified the person in relation to any claim relating to the incident, or series of incidents, if the claim had been made at the time of the notification.
The notification is taken, for the purposes of Division 2B of Part 2, to be a claim against the person.
Indemnifying
(2) To avoid doubt, a person may, for the purposes of this Act,
indemnify someone else by either:
(a) making a payment; or
(b) agreeing to make a payment.
Note: A person may indemnify someone else by making a payment even if the payment was not preceded by an agreement to pay.
Payments in relation to claims
(3) For the purposes of this Act (other than Divisions 2A and 2D of Part 2):
(a) a payment is made
in relation to a claim against a person if and only if the payment is made to:
(i) satisfy or settle the claim; or
(ii) meet legal and other expenses that are directly attributable to any negotiations, arbitration or proceedings in relation to the claim; and
(b) a payment is made
in relation to a claim by a person if and only if the payment is made to meet legal and other expenses that are directly attributable to any negotiations, arbitration or proceedings in relation to the claim.(4) A reference in this Act (other than Divisions 2A and 2D of Part 2) to a payment being made
to satisfy or settle a claim against a person includes a reference to a payment that:
(a) is made to reimburse the person for a payment the person has made to satisfy or settle the claim; or
(b) is made to the person so that the person can make a payment to satisfy or settle the claim.
Changes in body corporate names
(5) A reference in this Act to a body corporate by a particular name is a reference to the body corporate that had that name on 30 June 2002.
Medical practitioners
(6) A reference in Division 2B or 4 of Part 2 to a medical practitioner includes a reference to a person who has been a medical practitioner.
(1) An
MDO is a body corporate that is an MDO under subsection (2) or (3) or rules made for the purposes of subsection (4).(2) Subject to rules made for the purposes of subsection (5), a body corporate is an
MDO if:
(a) the body corporate is incorporated by or under a law of the Commonwealth, a State or a Territory; and
(b) the body corporate was in existence on 30 June 2002; and
(c) the body corporate, in the ordinary course of its business as at 30 June 2002, indemnified persons in relation to claims in relation to incidents that occurred in the course of, or in connection with, the practice of a medical profession by the persons; and
(d) did so only if the persons were one of the following:
(i) members or former members of the body corporate;
(ii) the legal personal representatives of members or former members of the body corporate.
This is so even if the indemnity is one that is provided at the body corporate’s discretion.
(3) Subject to rules made for the purposes of subsection (5), each of the bodies corporate listed in the following table is an
MDO :
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(4) The rules may provide that a body corporate specified in the rules is an
MDO .(5) The rules may provide that a body corporate specified in the rules is not an MDO for the purposes of this Act.
(1) A person is a
member of an MDO:
(a) at all times when the person is a member of the MDO according to the MDO’s constitution; and
(b) no matter how the person’s membership is described.
(2) Without limiting paragraph (1)(a), a person does not cease to be a
member of an MDO merely because some or all of the person’s rights and privileges as a member are suspended, have lapsed or have ceased.(3) Without limiting paragraph (1)(b), a person is a
member of an MDO even if the person is described by the MDO’s constitution as:
(a) an associate member; or
(b) an honorary member; or
(c) a non‑financial member; or
(d) a retired member; or
(e) a student member.
(1) A person had
incident‑occurring based cover for an incident with an MDO on 30 June 2002 if:
(a) an arrangement between the MDO and the person, or between the MDO and someone else, existed on 30 June 2002; and
(b) under the arrangement, the MDO:
(i) would have been able to indemnify the person in relation to the incident if the person were to make a proper claim after 30 June 2002 in relation to the incident; and
(ii) would have been able, in the ordinary course of its business, to indemnify the person in relation to the incident even if the person had ceased to be a member of the MDO when the claim was made.
The person need not have been a member of the MDO on 30 June 2002 to have incident‑occurring based cover for the incident.
Note: Subparagraph (b)(ii)—If the only cover the person had with the MDO was claims made cover, it would not be in the ordinary course of the MDO’s business to indemnify the person if the claim was made after the person had ceased to be a member of the MDO.
(2) Subparagraph (1)(b)(i) is satisfied even if the MDO would be able to indemnify the person in relation to the incident only if the person were to make a claim during a limited period after 30 June 2002.
(2A) For the purposes of subparagraph 34ZB(1)(e)(ii), a person has
incident‑occurring based cover if, under an arrangement between an MDO and the person, the MDO:
(a) would be able to indemnify the person in relation to an incident if the person were to make a proper claim in relation to the incident; and
(b) would be able, in the ordinary course of its business, to indemnify the person in relation to the incident even if the person had ceased to be a member of the MDO when the claim was made.
(3) To avoid doubt, cover may be
incident‑occurring based cover even if it is called:
(a) claims incurred cover; or
(b) extended reporting benefit cover (ERB cover); or
(c) death, disability or retirement cover (DDR cover).
(1) An MDO’s
IBNR exposure at a particular time is the total amount, at that time, of the payments that the MDO is likely to have to make after that time in relation to all claims that relate to incidents that satisfy subsection (2).(2) An incident satisfies this subsection if:
(a) the incident occurred on or before 30 June 2002; and
(b) the incident occurred in the course of, or in connection with, the practice of a medical profession by a person; and
(c) on 30 June 2002, the person had incident‑occurring based cover with the MDO for the incident; and
(d) the MDO:
(i) was not notified of the occurrence of the incident; and
(ii) was not notified of any claim against or by the person in relation to the incident;
before 1 July 2002.
(1) A claim or claims are
eligible related claims in relation to a claim for which an application for a high cost claim indemnity or allied health high cost claim indemnity is made if:
(a) all the claims are made against the same person; and
(b) all the claims are made in relation to the same incident or series of related incidents; and
(c) either:
(i) all the claims are part of the same class action or representative proceeding; or
(ii) the incident, or series of related incidents, occurred in connection with a pregnancy or the birth of a child or children; and
(d) the application is the only application for a high cost claim indemnity or allied health high cost claim indemnity that has been made in relation to any of the claims; and
(e) none of the claims are eligible related claims in relation to another claim for which an application for a high cost claim indemnity or allied health high cost claim indemnity has been made.
(2) For the purposes of paragraphs (1)(d) and (e), disregard an application if it is withdrawn before payment is made in relation to the application.
(1) This section applies if, under a contract of insurance that provides medical indemnity cover for a person (the
practitioner ), the insurer is entitled to count an amount (thedeductible amount ):
(a) incurred by the insurer in relation to a claim against the practitioner; or
(b) paid or payable by the practitioner or another person in relation to a claim against the practitioner;
towards the maximum amount payable, in aggregate, under the contract in relation to claims against the practitioner, even though the insurer has not paid, and is not liable to pay, the amount under the contract.
(2) For the purpose of the definition of
practitioner’s contract limit in subsection 4(1), the maximum amount payable, in aggregate, under the contract in relation to claims against the practitioner is as stated in the contract, even though the insurer (because of the deductible amount) may not actually be liable to pay the whole of that maximum amount.(3) For the purpose of the references in paragraphs 34L(1)(e) and (f) and 34ZZR(1)(e) and (f) to an amount that an insurer has paid or is liable to pay under a contract of insurance, the deductible amount is to be counted as if it were an amount that the insurer has paid or is liable to pay under the contract.
(4) However, for the purpose of the references in paragraphs 34L(1)(e) and 34ZZR(1)(e) to an amount that an insurer would have been liable to pay under a contract of insurance, the deductible amount is not to be counted as if it were an amount that the insurer would have been liable to pay under the contract.
This Act extends to every external Territory.
(1) This Division provides that an IBNR indemnity may be paid to an MDO or insurer that makes, or is liable to make, a payment in relation to a claim against or by a person in relation to an incident that is covered by the IBNR indemnity scheme. The incident will only be covered by the scheme if, amongst other things, the person had incident‑occurring based cover with the participating MDO for the incident on 30 June 2002.
(1A) This Division also provides for the regulations and rules to deal with other matters relating to incidents covered by the IBNR indemnity scheme.
(2) The following table tells you where to find the provisions dealing with various issues:
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The IBNR indemnity scheme covers an incident if:
(a) the incident occurred on or before 30 June 2002; and
(b) the incident occurred in the course of, or in connection with, the practice of a medical profession by a person; and
(c) on 30 June 2002, the person had incident‑occurring based cover with an MDO for the incident; and
(d) the MDO:
(i) was not notified of the occurrence of the incident; and
(ii) was not notified of any claim against or by the person in relation to the incident;
before 1 July 2002; and
(e) the MDO is the participating MDO.
(1) An IBNR indemnity may be payable to an MDO or insurer under either section 16 or 17.
(2) To avoid doubt, an IBNR indemnity may be payable to an MDO or insurer under section 16 even if the MDO or insurer is a Chapter 5 body corporate.
(3) An IBNR indemnity is not payable to an MDO or insurer under section 16 in relation to a payment the MDO or insurer makes to discharge a liability in relation to a claim if an IBNR indemnity is paid to the MDO or insurer under section 17 in relation to the same liability.
Basic payability rule
(1) An IBNR indemnity is payable to an MDO or insurer under this section if:
(a) the MDO or insurer makes a payment in relation to a claim against or by a person (the
practitioner ); and(b) the claim relates to:
(i) an incident that is covered by the IBNR indemnity scheme (see section 14); or
(ii) a series of related incidents that includes an incident that is covered by the scheme; and
(c) the practitioner had, on 30 June 2002, incident‑occurring based cover with the participating MDO for the incident that is covered by the IBNR indemnity scheme; and
(d) if it is an MDO that makes the payment—the MDO makes the payment:
(i) consistently with its constitution and the indemnity arrangement between the MDO and the practitioner; and
(ii) in the ordinary course of its business; and
(e) if it is an insurer that makes the payment—the insurer makes the payment:
(i) consistently with the terms of the insurance contract between the insurer and the practitioner; and
(ii) in the ordinary course of its business; and
(f) the MDO or insurer applies to the Chief Executive Medicare for the IBNR indemnity in accordance with section 36.
(2) Subsection (1) has effect subject to:
(a) subsections (5) and (6) of this section; and
(b) subsection 15(3); and
(c) sections 19 and 20.
Basis on which payment made
(3) The IBNR indemnity is payable to the MDO or insurer regardless of the basis on which the payment is made by the MDO or insurer.
Note: If the criteria for the indemnity set out in subsection (1) are met, the indemnity may be payable to the MDO or insurer even if the MDO or insurer pays the practitioner on the basis of claims made cover the practitioner has with the MDO or insurer.
Payer need not be the participating MDO
(4) If the payment is made by an MDO, the MDO that makes the payment may be the participating MDO or may be a different MDO.
Payment by participating MDO
(5) If the payment is made by the participating MDO, the IBNR indemnity is payable only if the participating MDO:
(a) makes the payment; or
(b) could have made the payment;
in relation to the claim in relation to the incident covered by the IBNR indemnity scheme on the basis of incident‑occurring based cover the practitioner had with the participating MDO for the incident on 30 June 2002.
Payment by someone else
(6) If the payment is not made by the participating MDO, the IBNR indemnity is payable only if the participating MDO could have made the payment in relation to the claim in relation to the incident covered by the IBNR indemnity scheme:
(a) consistently with its constitution and the indemnity arrangement between the MDO and the practitioner; and
(b) in the ordinary course of its business; and
(c) on the basis of incident‑occurring based cover the practitioner had with the participating MDO on 30 June 2002;
if the practitioner made a proper claim in relation to the incident.
Basic payability rule
(1) An IBNR indemnity is payable under this section to an MDO or insurer that is a Chapter 5 body corporate if:
(a) the MDO or insurer is liable to pay an amount in relation to a claim against or by a person (the
practitioner ); and(b) the claim relates to:
(i) an incident that is covered by the IBNR indemnity scheme (see section 14); or
(ii) a series of related incidents that includes an incident that is covered by the scheme; and
(c) the practitioner had, on 30 June 2002, incident‑occurring based cover with the participating MDO for the incident that is covered by the IBNR indemnity scheme; and
(d) the amount that the MDO or insurer is liable to pay is provable; and
(e) if it is an MDO that is liable to pay the amount—the MDO could pay the amount:
(i) consistently with its constitution and the indemnity arrangement between the MDO and the practitioner; and
(ii) in the ordinary course of its business;
if it were not a Chapter 5 body corporate; and
(f) if it is an insurer that is liable to make the payment—the insurer could make the payment:
(i) consistently with the terms of the insurance contract between the insurer and the practitioner; and
(ii) in the ordinary course of its business;
if it were not a Chapter 5 body corporate; and
(g) the MDO or insurer applies to the Chief Executive Medicare for the IBNR indemnity in accordance with section 36.
(2) Subsection (1) has effect subject to:
(a) subsections (5) and (6) of this section; and
(b) sections 19 and 20.
Basis for liability to pay
(3) The IBNR indemnity is payable to the MDO or insurer regardless of the basis on which the amount is payable by the MDO or insurer.
Note: If the criteria for the indemnity set out in subsection (1) are met, the indemnity may be payable to the MDO or insurer even if the MDO or insurer is liable to pay on the basis of claims made cover the practitioner has with the MDO or insurer.
Person liable to pay need not be participating MDO
(4) If an MDO is liable to pay the amount, the MDO that is liable to pay the amount may be the participating MDO or may be a different MDO.
Participating MDO liable to pay
(5) If the amount is one that the participating MDO is liable to pay, the IBNR indemnity is payable only if the participating MDO could have paid the amount in relation to the claim in relation to the incident covered by the IBNR indemnity scheme on the basis of incident‑occurring based cover the practitioner had with the participating MDO on 30 June 2002.
Someone else liable to pay
(6) If the amount is not one that the participating MDO is liable to pay, the IBNR indemnity is payable only if the participating MDO could have paid an amount in relation to the claim in relation to the incident covered by the IBNR indemnity scheme:
(a) consistently with its constitution and the indemnity arrangement between the participating MDO and the practitioner; and
(b) in the ordinary course of its business; and
(c) on the basis of incident‑occurring based cover the practitioner had with the participating MDO on 30 June 2002;
if the practitioner made a proper claim in relation to the incident.
Indemnity to be paid on trust
(7) An IBNR indemnity paid to an MDO or insurer under this section is paid on trust for the benefit of the person to whom the MDO or insurer is liable to make the payment referred to in paragraph (1)(a).
An IBNR indemnity is payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim even if:
(a) the MDO or insurer:
(i) has insured itself in relation to the payment; or
(ii) has already in fact been paid an amount by an insurer in relation to the payment; or
(b) the incident to which the claim relates occurred outside Australia; or
(c) the MDO or insurer made, or became liable to make, the payment before the commencement of this Act.
An IBNR indemnity is not payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim against a person if:
(a) the incident, or all the incidents, to which the claim relates occurred in the course of the provision of treatment to a public patient in a public hospital; or
(c) the payment is an insurer‑to‑insurer payment; or
(ca) a run‑off cover indemnity is payable to the MDO or insurer in relation to the same claim; or
(d) the payment is a payment specified in the rules for the purposes of this section.
(1) This section applies if:
(a) an MDO or insurer makes, or is liable to make, a payment in relation to a claim against a person in relation to a series of related incidents; and
(b) some, but not all, of the incidents occurred in the course of the provision of treatment to a public patient in a public hospital.
(2) For the purposes of this Subdivision:
(a) the payment is to be disregarded to the extent to which it relates to, or is reasonably attributable to, the incident or incidents that occurred in the course of the provision of treatment to a public patient in a public hospital; and
(b) any amount that is paid or payable to the MDO or insurer in relation to the payment is to be disregarded to the extent to which it relates to, or is reasonably attributable to, the incident or incidents that occurred in the course of the provision of treatment to a public patient in a public hospital.
Note: Paragraph (b)—see subsection 21(2).
(1) The amount of the IBNR indemnity is the adjusted amount of the payment determined in accordance with subsection (2).
Note: In certain circumstances, an amount may be repayable under section 24.
(2) The adjusted amount of the payment is the amount obtained by deducting from the amount the MDO or insurer pays, or is liable to pay, the amount, or the sum of the amounts, that are:
(a) paid; or
(b) payable and liquidated at the time the amount of the IBNR indemnity is worked out;
to the MDO or insurer in relation to the payment the MDO or insurer makes or is liable to make.
(3) Without limiting subsection (2), the amounts to be deducted under that subsection include:
(a) any high cost claim indemnity that is paid or payable to the MDO or insurer in relation to the payment the MDO or insurer makes or is liable to make; and
(b) any amount that is paid or payable to the MDO or insurer because of a right to which the MDO or insurer is subrogated; and
(c) the amount of any payment specified in the rules.
(4) The following amounts are not to be deducted under subsection (2):
(a) any amount that is paid or payable to the MDO or insurer by way of an insurer‑to‑insurer payment;
(b) any amount that is paid or payable to the MDO or insurer by way of membership subscription or insurance premium;
(c) any amount that is payable under this Division;
(d) the amount of any payment specified in the rules.
(1) An MDO or insurer must repay an amount to the Commonwealth if:
(a) an IBNR indemnity has been paid to the MDO or insurer in relation to a claim against or by a person in relation to an incident; and
(b) an amount is paid to the MDO or insurer in relation to the payment the MDO or insurer made in relation to the incident; and
(c) that amount was not taken into account in calculating the amount of the IBNR indemnity paid to the MDO or insurer; and
(d) the amount is not an amount referred to in subsection 21(4); and
(e) the Chief Executive Medicare gives the MDO or insurer a notice in relation to the amount under section 26.
(2) The amount to be repaid is the amount referred to in paragraph (1)(b).
(4) The amount to be repaid is a debt due to the Commonwealth.
(5) The amount to be repaid may be recovered:
(a) by action by the Chief Executive Medicare against the MDO or insurer in a court of competent jurisdiction; or
(b) by deduction from the amount of an indemnity scheme payment payable to the MDO or insurer; or
(c) under section 42.
The total amount recovered must not exceed the amount to be repaid.
(1) If:
(a) an IBNR indemnity is paid to an MDO or insurer in relation to a claim against or by a person in relation to an incident; and
(b) an amount to which section 24 applies is paid to the MDO or insurer;
the MDO or insurer must notify the Chief Executive Medicare that the amount has been paid to the MDO or insurer.
Note: Failure to notify is an offence (see section 46).
(2) The notification must:
(a) be in writing; and
(b) be given to the Chief Executive Medicare within 28 days after the day on which the amount is paid to the MDO or insurer.
(1) If an amount to which section 24 applies is paid to an MDO or insurer, the Chief Executive Medicare may give the MDO or insurer a written notice that specifies:
(a) the amount that is repayable to the Commonwealth; and
(b) the day before which the amount must be repaid to the Commonwealth; and
(c) the effect of section 27.
The day specified under paragraph (b) must be at least 28 days after the day on which the notice is given.
(2) The amount becomes due and payable on the day specified under paragraph (1)(b).
(1) If:
(a) an MDO or insurer must repay an amount to the Commonwealth under section 24; and
(b) the amount remains wholly or partly unpaid after it becomes due and payable;
the MDO or insurer is liable to pay a late payment penalty under this section.
(2) The late payment penalty is calculated:
(a) at the rate specified in the rules; and
(b) on the unpaid amount; and
(c) for the period:
(i) starting when the amount becomes due and payable; and
(ii) ending when the amount, and the penalty payable under this section in relation to the amount, have been paid in full.
(3) The Chief Executive Medicare may remit the whole or a part of an amount of late payment penalty if the Chief Executive Medicare considers that there are good reasons for doing so.
(4) An application may be made to the Administrative Review Tribunal for review of a decision of the Chief Executive Medicare not to remit, or to remit only part of, an amount of late payment penalty.
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.
(1) The regulations may provide in relation to:
(a) making payments to MDOs and insurers of claim handling fees; and
(b) making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise);
in respect of claims relating to incidents covered by the IBNR indemnity scheme (see section 14).
(2) Without limiting subsection (1), the regulations may:
(a) make provision for:
(i) the conditions that must be satisfied for an amount to be payable to an MDO or insurer; and
(ii) the amount that is payable; and
(iii) the conditions that must be complied with by an MDO or insurer to which an amount is paid; and
(iv) other matters related to the making of payments, and the recovery of overpayments; and
(b) provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under regulations made for the purposes of this section; and
(c) make provision for making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise), in respect of incidents notified to MDOs and insurers that could give rise to claims in relation to which an IBNR indemnity could be payable.
(3) Paragraph (2)(b) does not allow the regulations to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.
(3A) It does not matter for the purposes of paragraph (2)(c) whether claims are subsequently made in relation to the incidents referred to in that paragraph.
(1) If the Chief Executive Medicare believes that a person is capable of giving information that is relevant to determining:
(a) whether an MDO or insurer is entitled to a payment under regulations made for the purposes of section 27A; or
(b) the amount that is payable to an MDO or insurer under regulations made for the purposes of section 27A;
the Chief Executive Medicare may request the person to give the Chief Executive Medicare the information.
Note: Failure to comply with the request is an offence (see section 45).
(2) Without limiting subsection (1), any of the following persons may be requested to give information under that subsection:
(a) an MDO;
(b) an insurer;
(c) a member or former member of an MDO;
(d) a person who practises, or used to practise, a medical profession;
(e) a person who is acting, or has acted, on behalf of a person covered by paragraph (d);
(f) a legal personal representative of a person covered by paragraph (c), (d) or (e).
(3) Without limiting subsection (1), if the information sought by the Chief Executive Medicare is information relating to a matter in relation to which a person is required by section 39 to keep a record, the Chief Executive Medicare may request the person to give the information by giving the Chief Executive Medicare the record, or a copy of the record.
(4) The request:
(a) must be made in writing; and
(b) must state what information must be given to the Chief Executive Medicare; and
(c) may require the information to be verified by statutory declaration; and
(d) must specify a day on or before which the information must be given; and
(e) must contain a statement to the effect that a failure to comply with the request is an offence.
The day specified under paragraph (d) must be at least 28 days after the day on which the request was made.
Report by the Actuary
(1) For each financial year, the Actuary must give the Minister a written report that:
(a) states the Actuary’s assessment of the participating MDO’s IBNR exposure as at the end of the financial year; and
(b) sets out the reasons for the assessment.
(2) In preparing the report, the Actuary must take into account any information that the Chief Executive Medicare gives the Actuary in relation to the participating MDO under subsection (6).
Chief Executive Medicare’s information gathering powers
(3) If the Chief Executive Medicare believes on reasonable grounds that the participating MDO is capable of giving information that is relevant to assessing the participating MDO’s IBNR exposure as at the end of a financial year, the Chief Executive Medicare may request the participating MDO to give the Chief Executive Medicare the information.
Note: Failure to comply with the request is an offence (see section 45).
(4) Without limiting subsection (3), the kind of information that may be requested includes information in the form of:
(a) financial statements; and
(b) a report prepared by a suitably qualified actuary assessing the participating MDO’s IBNR exposure as at the end of a financial year.
(5) The request:
(a) must be made in writing; and
(b) must state what information the participating MDO is to give to the Chief Executive Medicare; and
(c) may require the information to be verified by statutory declaration; and
(d) must specify the day on or before which the information must be given; and
(e) must contain a statement to the effect that a failure to comply with the request is an offence.
The day specified under paragraph (d) must be at least 28 days after the day on which the request is made.
(6) The Chief Executive Medicare must give any information that the participating MDO gives the Chief Executive Medicare to the Actuary for the purposes of preparing the report for the Minister under subsection (1).
(1) This Division provides that a high cost claim indemnity may be paid to an MDO or insurer that pays, or is liable to pay, more than a particular amount (referred to as the
high cost claim threshold ) in relation to a claim against a person in relation to an incident that occurs in the course of, or in connection with, the person’s practice as a medical practitioner.(1A) This Division also provides for the regulations and rules to deal with other matters relating to incidents covered by the high cost claim indemnity scheme.
(2) The following table tells you where to find the provisions dealing with various issues:
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(1) The
high cost claim threshold is:
(a) $2 million; or
(b) such other amount as is specified in the rules.
(2) Rules that specify an amount for the purposes of paragraph (1)(b) that increases the high cost claim threshold at the time the rules are registered on the Federal Register of Legislation must not commence earlier than 12 months after the day on which the rules are so registered.
Basic payability rule
(1) Subject to section 31, a high cost claim indemnity is payable to an MDO or insurer under this section if:
(a) a claim is, or was, made against a person (the
practitioner ); and(b) the claim relates to:
(i) an incident that occurs or occurred; or
(ii) a series of related incidents that occur or occurred;
in the course of, or in connection with, the practitioner’s practice as a medical practitioner; and
(c) either:
(i) the incident occurs or occurred; or
(ii) one or more of the incidents in the series occurs or occurred;
in Australia or in an external Territory; and
(d) the MDO or insurer is first notified of:
(i) the incident; or
(ii) the claim; or
(iii) an eligible related claim;
between 1 January 2003 and the date specified in the rules as the termination date for the high cost claim indemnity scheme; and
(e) the MDO or insurer has a qualifying payment in relation to the claim, or qualifying payments in relation to:
(i) the claim; or
(ii) the claim and one or more eligible related claims; and
(f) the amount of the qualifying payment, or the sum of the amounts of the qualifying payments, exceeds what was the high cost claim threshold at the earliest of the following times:
(i) when the MDO or insurer was first notified of the incident;
(ii) when the MDO or insurer was first notified of the claim;
(iii) when the MDO or insurer was first notified of an eligible related claim; and
(g) any other requirements (however described) that are specified in the rules have been met.
The claim referred to in paragraph (a) may be one that was made before, or is made after, the commencement of this Act and an incident referred to in paragraph (b) may be one that occurred before, or occurs after, the commencement of this Act.
(1A) Rules made for the purposes of paragraph (1)(g) do not apply in relation to an incident if the claim relating to the incident was made before the rules in question commence.
Qualifying payments
(2) The MDO or insurer has a
qualifying payment in relation to a claim if:
(a) the MDO or insurer:
(i) pays an amount in relation to the claim; or
(ii) is liable to pay an amount in relation to a payment or payments that someone makes, or is liable to make, in relation to the claim under a written agreement between the parties to the claim; or
(iii) is liable to pay an amount in relation to a payment or payments that someone makes, or is liable to make, in relation to the claim under a judgment or order of a court that is not stayed and is not subject to appeal; or
(iv) is a Chapter 5 body corporate and is liable to pay a provable amount in relation to the claim; and
(b) the MDO or insurer pays, or is liable to pay, the amount under an insurance contract or other indemnity arrangement between the MDO or insurer and the practitioner; and
(c) the MDO or insurer:
(i) pays, or becomes liable to pay, the amount in the ordinary course of the MDO’s or the insurer’s business; or
(ii) is a Chapter 5 body corporate and would be able to pay the amount in the ordinary course of the MDO’s or the insurer’s business if it were not a Chapter 5 body corporate.
(3) The date specified in the rules for the purposes of paragraph (1)(d) must be at least 12 months after the day on which the rules in question are registered on the Federal Register of Legislation.
Indemnity to be paid on trust if MDO or insurer under external administration
(5) If a high cost claim indemnity is paid to an MDO or insurer that is a Chapter 5 body corporate, the indemnity is, to the extent to which it is attributable to an amount that the MDO or insurer is liable to pay to a person, paid on trust for the benefit of that person.
(1) This section applies if:
(a) an MDO pays, or is liable to pay, an amount in relation to a claim that relates to an incident or a series of incidents; and
(b) an insurer also pays, or is also liable to pay, an amount (the
insurer amount ) in relation to the same claim or in relation to an eligible related claim; and(c) but for this section, a high cost claim indemnity in respect of the insurer amount:
(i) would be payable to the insurer under subsection 30(1); or
(ii) would be payable to the insurer under that subsection if paragraph 30(1)(f) were omitted; and
(d) the insurer elects in writing to have this section apply to the insurer amount.
(2) For the purposes of this Division (other than this section):
(a) the MDO is taken:
(i) to have paid, or to be liable to pay, the insurer amount in relation to the claim or eligible related claim; and
(ii) to satisfy paragraphs 30(1)(e) and (2)(a) to (c) in relation to the insurer amount; and
(iii) to have been notified of the incident, claim or eligible related claim when the insurer was first notified of the incident, claim or eligible related claim; and
(b) a high cost claim indemnity is not payable to the insurer in respect of the insurer amount.
A high cost claim indemnity is not payable to an MDO or insurer under section 30 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim against a person if:
(a) the incident, or all the incidents, to which the claim relates occurred in the course of the provision of treatment to a public patient in a public hospital; or
(b) the claim is specified in the rules; or
(c) the claim relates to an incident specified in the rules.
(1) This section applies if:
(a) an MDO or insurer makes, or is liable to make, a payment in relation to a claim against a person in relation to a series of related incidents; and
(b) some, but not all, of the incidents occurred in the course of the provision of treatment to a public patient in a public hospital.
(2) For the purposes of this Subdivision, the payment is to be disregarded to the extent to which it relates to, or is reasonably attributable to, the incident or incidents that occurred in the course of the provision of treatment to a public patient in a public hospital.
(1) The amount of a high cost claim indemnity is:
(a) 50%; or
(b) such other percentage as is specified in the rules;
of the amount by which the amount of the MDO’s or insurer’s qualifying payment, or the sum of the amounts of the MDO’s or insurer’s qualifying payments, exceeds the high cost claim threshold.
(2) Rules that specify for the purposes of paragraph (1)(b) a percentage that is less than the percentage in force at the time the rules are registered on the Federal Register of Legislation must not commence earlier than 12 months after the day on which the rules are so registered.
(1) The regulations may provide in relation to:
(a) making payments to MDOs and insurers of claim handling fees; and
(b) making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise);
in respect of claims relating to incidents in relation to which a high cost claim indemnity is payable (see section 30).
(2) Without limiting subsection (1), the regulations may:
(a) make provision for:
(i) the conditions that must be satisfied for an amount to be payable to an MDO or insurer; and
(ii) the amount that is payable; and
(iii) the conditions that must be complied with by an MDO or insurer to which an amount is paid; and
(iv) other matters related to the making of payments, and the recovery of overpayments; and
(b) provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under regulations made for the purposes of this section; and
(c) make provision for making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise), in respect of incidents notified to MDOs and insurers that could give rise to claims in relation to which a high cost claim indemnity could be payable.
(3) Paragraph (2)(b) does not allow the regulations to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.
(4) It does not matter for the purposes of paragraph (2)(c) whether claims are subsequently made in relation to the incidents referred to in that paragraph.
(1) If the Chief Executive Medicare believes that a person is capable of giving information that is relevant to determining:
(a) whether an MDO or insurer is entitled to a payment under regulations made for the purposes of section 34AA; or
(b) the amount that is payable to an MDO or insurer under regulations made for the purposes of section 34AA;
the Chief Executive Medicare may request the person to give the Chief Executive Medicare the information.
Note: Failure to comply with the request is an offence (see section 45).
(2) Without limiting subsection (1), any of the following persons may be requested to give information under that subsection:
(a) an MDO;
(b) an insurer;
(c) a member or former member of an MDO;
(d) a person who practises, or used to practise, a medical profession;
(e) a person who is acting, or has acted, on behalf of a person covered by paragraph (d);
(f) a legal personal representative of a person covered by paragraph (c), (d) or (e).
(3) Without limiting subsection (1), if the information sought by the Chief Executive Medicare is information relating to a matter in relation to which a person is required by section 39 to keep a record, the Chief Executive Medicare may request the person to give the information by giving the Chief Executive Medicare the record, or a copy of the record.
(4) The request:
(a) must be made in writing; and
(b) must state what information must be given to the Chief Executive Medicare; and
(c) may require the information to be verified by statutory declaration; and
(d) must specify a day on or before which the information must be given; and
(e) must contain a statement to the effect that a failure to comply with the request is an offence.
The day specified under paragraph (d) must be at least 28 days after the day on which the request was made.
(1) This Division provides that an exceptional claims indemnity may be paid in relation to a liability of a person if:
(a) the liability relates to a claim against the person in relation to an incident that occurs in the course of, or in connection with, the person’s practice as a medical practitioner, being a claim that has been certified as a qualifying claim; and
(b) the liability exceeds the amount payable under an insurance contract that has a contract limit satisfying the relevant threshold.
(2) This Division also provides for the regulations and rules to deal with other matters relating to claims that have been certified as qualifying claims.
(3) The following table tells you where to find the provisions dealing with various issues:
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For the purposes of the definition of
practitioner’s contract limit in subsection 4(1), and of paragraphs 34L(1)(e) and (f), an amount that an insurer has paid or is liable to pay, or would have been liable to pay, under a contract of insurance is not to be reduced on account of a high cost claim indemnity, or a run‑off cover indemnity, paid or payable, or that would have been payable, to the insurer.
Criteria for certification
(1) The Chief Executive Medicare may issue a certificate stating that a claim is a qualifying claim if the Chief Executive Medicare is satisfied that:
(a) the claim is a claim that is or was made against a person (the
practitioner ); and(b) the claim relates to:
(i) an incident that occurs or occurred; or
(ii) a series of related incidents that occur or occurred;
in the course of, or in connection with, the practitioner’s practice as a medical practitioner; and
(c) except in the circumstances specified in rules made for the purposes of this paragraph, either:
(i) the incident occurs or occurred; or
(ii) one or more of the incidents in the series occurs or occurred;
in Australia or an external Territory; and
(d) the incident did not occur, or the incidents did not all occur, in the course of the provision of treatment to a public patient in a public hospital; and
(e) there is a contract of insurance in relation to which the following requirements are satisfied:
(i) the contract provides medical indemnity cover for the practitioner in relation to the claim, or would, but for the practitioner’s contract limit, provide such cover for the practitioner in relation to the claim;
(ii) the practitioner’s contract limit equals or exceeds the relevant threshold (see section 34F);
(iii) the insurer is a general insurer, within the meaning of the
Insurance Act 1973 ;(iv) the insurer entered into the contract in the ordinary course of the insurer’s business; and
(f) the insurer was first notified of the claim, or of facts that might give rise to the claim, on or after 1 January 2003; and
(g) if a termination date for the exceptional claims indemnity scheme is set (see section 34G), the incident, or one or more of the incidents, to which the claim relates occurred before the exceptional claims termination date; and
(h) the claim is not a claim specified in rules made for the purposes of this paragraph; and
(i) the contract of insurance is not a contract specified in rules made for the purposes of this paragraph; and
(j) a person has applied for the certificate in accordance with section 34H.
Note 1: Paragraph (d)—for what happens if some, but not all, of the incidents in a series occur in the course of the provision of treatment to a public patient in a public hospital, see section 34N.
Note 2: Paragraph (g)—for what happens if some, but not all, of the incidents in a series occur after the exceptional claims termination date, see section 34O.
Certain eligible run‑off claims may relate to treatment of public patients in public hospitals
(1A) Paragraph (1)(d) does not apply to an eligible run‑off claim if:
(a) the claim relates to an incident that occurred, or a series of incidents that occurred, before 1 July 2003; and
(b) at the time the incident, or one or more of the incidents, occurred, there was an arrangement with an MDO under which the MDO would have been able to indemnify the practitioner in relation to the incident or series of incidents if the claim had been made while the arrangement had effect; and
(c) at the time the claim is made, a contract of insurance with a medical indemnity insurer provides medical indemnity cover for the practitioner; and
(d) the medical indemnity cover is provided under an arrangement of a kind referred to in paragraph 26B(1)(f) of the
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 ; and(e) the medical indemnity cover satisfies all of the requirements of subsection 26A(4) of that Act.
When a certificate is in force
(2) The certificate comes into force when it is issued and remains in force until it is revoked.
Matters to be identified or specified in certificate
(3) The certificate must:
(a) identify:
(i) the practitioner; and
(ii) the claim; and
(iii) the contract of insurance in relation to which paragraph (1)(e) is satisfied; and
(b) specify the relevant threshold.
The certificate may also contain other material.
ART review of decision to refuse
(4) An application may be made to the Administrative Review Tribunal for review of a decision of the Chief Executive Medicare to refuse to issue a qualifying claim certificate.
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.
Chief Executive Medicare to give applicant copy of certificate
(5) If the Chief Executive Medicare decides to issue a qualifying claim certificate, the Chief Executive Medicare must, within 28 days of making his or her decision, give the applicant a copy of the certificate. However, a failure to comply does not affect the validity of the decision.
The relevant threshold
(1) The
relevant threshold is:
(a) if the insurer was first notified of the claim, or of facts that might give rise to the claim, on or after 1 January 2003 and before 1 July 2003—$15 million; or
(b) if the insurer is or was first notified of the claim, or of facts that might give rise to the claim, on or after 1 July 2003—$20 million, or such other amount as is specified in the rules as the threshold.
Threshold specified in rules only applies to contracts entered into after the rules commence
(2) A rule specifying an amount as the threshold (or changing the amount previously so specified) only applies in relation to contracts of insurance entered into after the rule commences.
When rules reducing the threshold commence
(3) A rule reducing the threshold (which could be the threshold originally applicable under subsection (1), or that threshold as already changed by rules) commences on the date specified in the rules, which must be the date on which the rules are registered on the Federal Register of Legislation or a later day.
When rules increasing the threshold commence
(4) A rule increasing the threshold (which could be the threshold originally applicable under subsection (1), or that threshold as already changed by rules), commences on the date specified in the rules, which must be at least 3 months after the date on which the rules are registered on the Federal Register of Legislation.
(1) The rules may set a termination date for the exceptional claims indemnity scheme.
Note: The scheme does not cover incidents that occur after the exceptional claims termination date (see paragraph 34E(1)(g) and section 34O).
(2) The termination date cannot be before the date on which the rules are registered on the Federal Register of Legislation.
(1) An application for the issue of a qualifying claim certificate in relation to a claim may be made by the person against whom the claim is or was made, or by a person acting on that person’s behalf.
(2) The application must:
(a) be made in writing using a form approved by the Chief Executive Medicare; and
(b) be accompanied by the documents and other information required by the form approved by the Chief Executive Medicare.
(1) Subject to subsections (2) and (3), the Chief Executive Medicare is to decide an application for the issue of a qualifying claim certificate on or before the 21st day after the day on which the application is received by the Chief Executive Medicare.
(2) If the Chief Executive Medicare requests a person to give information under section 38 in relation to the application, the Chief Executive Medicare does not have to decide the application until the 21st day after the day on which the person gives the information to the Chief Executive Medicare.
(3) The Chief Executive Medicare may treat an application as having been withdrawn if:
(a) the Chief Executive Medicare requests the person who applied for the certificate to give information under section 38 in relation to the application; and
(b) the person does not give the information to the Chief Executive Medicare by the end of the day specified in the request.
(4) The Chief Executive Medicare must notify the person who applied for the certificate if the Chief Executive Medicare treats the application as having been withdrawn.
(1) If:
(a) a qualifying claim certificate is in force in relation to a claim; and
(b) a person becomes aware that the information provided to the Chief Executive Medicare in connection with the application for the certificate was incorrect or incomplete, or is no longer correct or complete; and
(c) the person is:
(i) the person who applied for the certificate; or
(ii) another person who has applied for a payment of exceptional claims indemnity, or for a payment under regulations made for the purposes of section 34X (exceptional claims payments), in relation to the claim;
the person must notify the Chief Executive Medicare of the respect in which the information was incorrect or incomplete, or is no longer correct or complete.
Note: Failure to notify is an offence (see section 46).
(2) The notification must:
(a) be made in writing; and
(b) be given to the Chief Executive Medicare within 28 days after the person becomes aware as mentioned in subsection (1).
Revocation
(1) The Chief Executive Medicare may revoke a qualifying claim certificate if the Chief Executive Medicare is no longer satisfied as mentioned in subsection 34E(1) in relation to the claim.
(2) To avoid doubt, in considering whether he or she is still satisfied as mentioned in subsection 34E(1) in relation to the claim, the Chief Executive Medicare may have regard to matters that have occurred since the decision to issue the qualifying claim certificate was made, including for example:
(a) the making of rules for the purpose of paragraph 34E(1)(h) or (i); or
(b) changes to the terms and conditions of the contract of insurance identified in the certificate.
Variation
(3) If the Chief Executive Medicare is satisfied that a matter is not correctly identified or specified in a qualifying claim certificate, the Chief Executive Medicare may vary the certificate so that it correctly identifies or specifies the matter.
Effect of revocation
(4) If:
(a) the Chief Executive Medicare revokes a qualifying claim certificate; and
(b) an amount of exceptional claims indemnity has already been paid in relation to the claim;
the amount is an amount overpaid to which section 41 applies.
Effect of variation
(5) If:
(a) the Chief Executive Medicare varies a qualifying claim certificate; and
(b) an amount of exceptional claims indemnity has already been paid in relation to the claim, and that amount exceeds the amount that would have been paid if the amount of indemnity had been determined having regard to the certificate as varied;
the amount of the excess is an amount overpaid to which section 41 applies.
ART review of decision to revoke or vary
(6) An application may be made to the Administrative Review Tribunal for review of a decision of the Chief Executive Medicare to revoke or vary a qualifying claim certificate.
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.
Chief Executive Medicare to give applicant copy of varied certificate
(7) If the Chief Executive Medicare decides to vary a qualifying claim certificate, the Chief Executive Medicare must, within 28 days of making his or her decision, give the applicant a copy of the varied certificate. However, a failure to comply does not affect the validity of the decision.
Criteria for payment of indemnity
(1) The Chief Executive Medicare may decide that an exceptional claims indemnity is payable in relation to a liability of a person (the
practitioner ) if:
(a) a claim for compensation or damages (the
current claim ) is, or was, made against the practitioner by another person; and(b) a qualifying claim certificate is in force in relation to the current claim; and
(c) the liability is a qualifying liability of the practitioner in relation to the current claim (see section 34M); and
(d) because of the practitioner’s contract limit in relation to the contract of insurance identified in the qualifying claim certificate, the contract does not cover, or does not fully cover, the liability; and
(e) the amount that, if the practitioner’s contract limit had been high enough to cover the whole of the liability, the insurer would (subject to the other terms and conditions of the contract) have been liable to pay under the contract of insurance in relation to the liability exceeds the actual amount (if any) that the insurer has paid or is liable to pay under the contract in relation to the liability; and
(f) the aggregate of:
(i) the amount (if any) the insurer has paid, or is liable to pay, in relation to the liability under the contract of insurance; and
(ii) the other amounts (if any) that the insurer has already paid, or has already become liable to pay, under the contract in relation to the current claim; and
(iii) the amounts (if any) that the insurer has already paid, or has already become liable to pay, under the contract in relation to other claims against the practitioner (being other claims that were first notified to the insurer no later than the time the current claim was notified to the insurer);
equals or exceeds the relevant threshold identified in the qualifying claim certificate; and
(g) a person has applied for the indemnity in accordance with section 37A.
Note 1: For how paragraphs (e) and (f) apply:
(a) if there are deductibles—see section 8B; or
(b) if a high cost claim indemnity or a run‑off cover indemnity is paid or payable—see section 34D; or
(c) if the insurer is a Chapter 5 body corporate—see subsection (4); or
(d) if the claim relates to a series of incidents some, but not all, of which occurred in the course of the provision of treatment to a public patient in a public hospital—see section 34N; or
(e) if the claim relates to a series of incidents some, but not all, of which occurred after the exceptional claims termination date—see section 34O.
Note 2: For the purpose of subparagraphs (f)(i) and (ii), payments and liabilities to pay must meet the ordinary course of business requirement set out in subsection (3).
Who the indemnity is payable to
(2) The indemnity is to be paid to the person who applies for it.
Note: For who can apply, see section 37A.
Ordinary course of business test for insurance payments
(3) An amount that an insurer has paid, or is liable to pay, under a contract of insurance does not count for the purpose of subparagraph (1)(f)(i) or (ii) unless it is an amount that the insurer paid, or is liable to pay, in the ordinary course of the insurer’s business.
What if the insurer is a Chapter 5 body corporate?
(4) If an insurer is a Chapter 5 body corporate:
(a) a reference in paragraphs (1)(e) and (f) to an amount that the insurer is liable to pay under a contract of insurance is a reference to an amount that the insurer is liable to pay under the contract and that is a provable amount; and
(b) a reference in subsection (3) to an amount that an insurer is liable to pay in the ordinary course of the insurer’s business is a reference to an amount that the insurer is liable to pay, and would be able to pay in the ordinary course of the insurer’s business if it were not a Chapter 5 body corporate.
(b) relates to a person’s affairs.
Offence
(2) A person to whom this section applies commits an offence if:
(a) the person:
(i) makes a copy or other record of any protected information or of all or part of any protected document; or
(ii) discloses any protected information to another person; or
(iii) produces all or part of a protected document to another person; and
(b) in doing so, is not acting in the performance of his or her duties, or in the exercise of his or her powers or functions, under the medical indemnity legislation; and
(c) in doing so, is not acting for the purpose of enabling a person to perform functions under:
(i) the medical indemnity legislation; or
(ii) the
Health Insurance Act 1973 ; or(iii) a medicare program; or
(iv) the
National Health Act 1953 ; or(v) the
Private Health Insurance Act 2007 .Penalty: Imprisonment for 2 years.
Circumstances in which protected information and protected documents may be copied, recorded or divulged
(2A) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of monitoring, assessing or reviewing the operation of the medical indemnity legislation:
(a) the Secretary;
(b) the Chief Executive Medicare;
(c) the Actuary;
(d) the Australian Prudential Regulation Authority;
(e) the Australian Securities and Investments Commission.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the
Criminal Code ).(2B) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of conducting, or assisting a person to conduct, the evaluation mentioned in section 78A:
(a) a person mentioned in subsection (2A) of this section;
(b) a person conducting the evaluation;
(c) a person assisting a person to conduct the evaluation.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the
Criminal Code ).(3) Despite subsection (2), the Secretary or the Chief Executive Medicare may:
(a) if the Minister certifies, in writing, that it is necessary in the public interest that any protected information should be divulged, divulge that information to such person as the Minister directs; or
(b) divulge any protected information to a person who, in the opinion of the Minister, is expressly or impliedly authorised by the person to whom the information relates to obtain it.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the
Criminal Code ).(4) Despite subsection (2), the Secretary or the Chief Executive Medicare may divulge any protected information to an authority or person if:
(a) the authority or person is specified in rules made for the purposes of this subsection; and
(b) the information is information of a kind that may, in accordance with the rules, be provided to the authority or person.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the
Criminal Code ).(5) If protected information is divulged to an authority or person under subsection (2A), (2B), (3) or (4):
(a) the authority or person; and
(b) any person or employee under the control of the authority or person;
is, in respect of that information, subject to the same rights, privileges, obligations and liabilities under subsection (2) as if he or she were a person performing duties under the medical indemnity legislation and had acquired the information in the performance of those duties.
(5A) Despite subsection (2), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates.
(6) This section does not prohibit the divulging or communicating to a person of information that relates to the person.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the
Criminal Code ).
If, but for this section, a provision of this Act:
(a) would have a particular application; and
(b) by virtue of having that application, would be a law with respect to State insurance not extending beyond the limits of the State concerned;
the provision is not to have that application.
(1) The Minister must cause to be conducted an actuarial evaluation of:
(a) the stability of the medical indemnity insurance industry; and
(b) the affordability of medical indemnity insurance.
(2) The Minister must cause to be prepared a report of an evaluation under subsection (1).
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament by 28 February 2021.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, prescribing penalties, not exceeding 10 penalty units, for offences against the regulations.
(2) Without limiting subsection (1), the regulations may make provision for the qualifications of actuaries preparing reports for the purposes of this Act.
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) Rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but rules are taken to be consistent with the regulations to the extent that the rules are capable of operating concurrently with the regulations.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Medical Indemnity Act 2002 | 132, 2002 | 19 Dec 2002 | 1 Jan 2003 (s 2) | — |
Medical Indemnity Amendment Act 2003 | 121, 2003 | 5 Dec 2003 | s 1–3, Sch 1 (items 3, 5–8, 12, 13, 18, 21–26) and Sch 2: 5 Dec 2003 (s 2(1) items 1, 3, 5, 7, 9, 11, 12) Remainder: 1 July 2003 (s 2(1) items 2, 4, 6, 8, 10) | Sch 1 (items 24–26) and Sch 2 (item 33) |
Medical Indemnity Amendment Act 2004 | 17, 2004 | 23 Mar 2004 | 24 Mar 2004 (s 2) | Sch 4 (item 7) |
Medical Indemnity Legislation Amendment (Run‑off Cover Indemnity and Other Measures) Act 2004 | 77, 2004 | 23 June 2004 | Sch 1 (items 1–35) and Sch 2 (items 3–15): 1 July 2004 (s 2(1) items 2–7) Sch 4 (items 1–5, 9) and Sch 6 (items 3–6): 23 June 2004 (s 2(1) items 9, 11, 15) Sch 4 (items 6–8): 24 June 2004 (s 2(1) item 10) Sch 6 (item 1): 24 Mar 2004 (s 2(1) item 13) Sch 6 (item 1A): 1 Jan 2003 (s 2(1) item 13A) Sch 6 (item 2): 5 Dec 2003 (s 2(1) item 14) | Sch 1 (item 19) and Sch 2 (item 15) |
Medical Indemnity Legislation Amendment Act 2005 | 25, 2005 | 21 Mar 2005 | Sch 1 (items 1–5, 9, 13, 14): 1 July 2004 (s 2(1) items 2, 6, 8) Sch 1 (items 6, 8), Sch 2 (items 1–10, 14) and Sch 3 (items 2, 3, 8, 9, 12, 17–21): 21 Mar 2005 (s 2(1) items 3, 5, 11, 13, 15, 18, 20, 23) Sch 1 (item 7) and Sch 3 (items 1, 4, 10, 11, 13, 14): 1 Jan 2005 (s 2(1) items 4, 14, 16, 19, 21) Sch 1 (items 10–12) and Sch 2 (items 11–13): 22 Mar 2005 (s 2(1) items 7, 12) Sch 3 (items 5–7): 1 Jan 2003 (s 2(1) item 17) Sch 3 (items 15, 16): 5 Dec 2003 (s 2(1) item 22) | Sch 1 (item 3) and Sch 3 (item 21) |
Human Services Legislation Amendment Act 2005 | 111, 2005 | 6 Sept 2005 | Sch 2 (items 399–549): 1 Oct 2005 (s 2(1) item 7) | — |
Medical Indemnity Legislation Amendment (Competitive Neutrality) Act 2005 | 126, 2005 | 19 Oct 2005 | Sch 1 (items 3–13) and Sch 2 (items 1–5): 1 July 2005 (s 2(1) item 2) Sch 3: 1 July 2004 (s 2(1) item 3) | — |
Health Legislation Amendment Act 2005 | 155, 2005 | 19 Dec 2005 | Sch 4: 1 Oct 2005 (s 2(1) item 9) | — |
Medical Indemnity Legislation Amendment Act 2006 | 116, 2006 | 4 Nov 2006 | Sch 1 (item 1): 1 July 2004 (s 2(1) item 2) Sch 1 (items 2–10) and Sch 2 (items 1–14): 4 Nov 2006 (s 2(1) items 3, 6) | — |
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007 | 32, 2007 | 30 Mar 2007 | Sch 2 (item 74): 1 Apr 2007 (s 2(1) item 7) | — |
Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010 | 29, 2010 | 12 Apr 2010 | Sch 2 (items 4–8): 1 July 2010 (s 2(1) item 3) | — |
Human Services Legislation Amendment Act 2011 | 32, 2011 | 25 May 2011 | Sch 4 (items 286–357A): 1 July 2011 (s 2(1) item 3) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (item 760) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12) | Sch 3 (items 10, 11) |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 10 (item 6) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 364–371): 5 Mar 2016 (s 2(1) item 2) | — |
Insolvency Law Reform Act 2016 | 11, 2016 | 29 Feb 2016 | Sch 2 (items 287–298): 1 Mar 2017 (s 2(1) item 5) | — |
Medical and Midwife Indemnity Legislation Amendment Act 2019 | 105, 2019 | 28 Nov 2019 | Sch 1 (items 8–52, 54), Sch 2 (items 1–16, 18–20, 23, 24, 27), Sch 3 (items 1–20, 31), Sch 4 (items 1–138, 148–153), Sch 5 (items 1–4, 6) and Sch 6 (items 1–57, 59): 1 July 2020 (s 2(1) items 2, 3) | Sch 1 (item 54), Sch 2 (items 10, 16, 20, 27), Sch 3 (item 31), Sch 4 (items 148–153), Sch 5 (item 6) and Sch 6 (item 59) |
Medical and Midwife Indemnity Legislation Amendment Act 2021 | 48, 2021 | 23 June 2021 | Sch 1: 1 July 2020 (s 2(1) item 2) | Sch 1 (item 8) |
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 | 76, 2023 | 20 Sept 2023 | Sch 2 (item 677): 20 Oct 2023 (s 2(1) item 2) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 12 (items 12–23, 42): 14 Oct 2024 (s 2(1) item 2) | — |
s 3............................................. | am No 121, 2003; No 17, 2004; No 77, 2004; No 126, 2005; No 105, 2019 |
s 4............................................. | am No 121, 2003; No 17, 2004; No 77, 2004; No 25, 2005; No 111, 2005; No 126, 2005; No 29, 2010; No 32, 2011; No 126, 2015; No 11, 2016; No 105, 2019; No 48, 2021; No 76, 2023 |
s 5............................................. | am No 105, 2019 |
s. 7............................................ | am. No. 77, 2004 |
s. 8............................................ | am. No. 25, 2005 |
s 8A........................................... | ad No 126, 2005 |
rs No 105, 2019 | |
s 8B........................................... | ad No 105, 2019 |
s 10............................................ | am No 77, 2004; No 25, 2005; No 111, 2005; No 32, 2011; No 105, 2019 |
Subdivision B............................. | rep No 105, 2019 |
s 11............................................ | rep No 105, 2019 |
s 12............................................ | am No 116, 2006 |
rep No 105, 2019 | |
s 13............................................ | am No 111, 2005; No 32, 2011 |
rep No 105, 2019 | |
s 14............................................ | am No 25, 2005; No 105, 2019 |
s 15............................................ | am No 11, 2016 |
s 16............................................ | am No 111, 2005; No 32, 2011; No 105, 2019 |
s 17............................................ | am No 111, 2005; No 32, 2011; No 11, 2016; No 105, 2019 |
s 19............................................ | am No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 21............................................ | am No 105, 2019 |
s 22............................................ | am No 116, 2006 |
rep No 105, 2019 | |
s 23............................................ | am No 111, 2005; No 32, 2011 |
rep No 105, 2019 | |
s 24............................................ | am No 111, 2005; No 32, 2011; No 105, 2019 |
s. 25........................................... | am. No. 111, 2005; No. 32, 2011 |
s 26............................................ | am No 111, 2005; No 32, 2011 |
s 27............................................ | am No 111, 2005; No 32, 2011; No 105, 2019; No 38, 2024 |
Subdivision F heading................. | rs No 105, 2019 |
Subdivision F.............................. | ad. No. 77, 2004 |
s 27A......................................... | ad No 77, 2004 |
am No 25, 2005; No 116, 2006; No 105, 2019 | |
s 27B......................................... | ad No 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
Subdivision G............................. | ad No 105, 2019 |
s 27C......................................... | ad No 105, 2019 |
s 28............................................ | am No 25, 2005; No 111, 2005; No 29, 2010; No 32, 2011; No 105, 2019 |
s 29............................................ | am No 25, 2005; No 126, 2015; No 105, 2019 |
s 30............................................ | am No 121, 2003; No 77, 2004; No 25, 2005; No 29, 2010; No 126, 2015; No 11, 2016; No 105, 2019 |
s 31............................................ | am No 105, 2019 |
s 32............................................ | am No 105, 2019 |
s 34............................................ | am No 25, 2005; No 126, 2015; No 105, 2019 |
Subdivision C heading................. | rs No 105, 2019 |
Subdivision C............................. | ad. No. 25, 2005 |
s 34AA...................................... | ad No 25, 2005 |
am No 105, 2019 | |
s 34AB....................................... | ad No 25, 2005 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
Division 2A................................ | ad. No. 121, 2003 |
s 34A......................................... | ad No 121, 2003 |
am No 111, 2005; No 29, 2010; No 32, 2011; No 105, 2019 | |
s 34B......................................... | ad No 121, 2003 |
rep No 105, 2019 | |
s 34C......................................... | ad No 121, 2003 |
rep No 105, 2019 | |
s 34D......................................... | ad No 121, 2003 |
am No 77, 2004; No 105, 2019 | |
s 34E......................................... | ad No 121, 2003 |
am No 77, 2004; No 25, 2005; No 111, 2005; No 29, 2010; No 32, 2011; No 105, 2019; No 38, 2024 | |
s 34F.......................................... | ad No 121, 2003 |
am No 25, 2005; No 46, 2011; No 126, 2015; No 105, 2019 | |
s 34G......................................... | ad No 121, 2003 |
am No 25, 2005; No 126, 2015; No 105, 2019 | |
s 34H......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011 | |
s 34I.......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 34J.......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 34K......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019; No 38, 2024 | |
s 34L......................................... | ad No 121, 2003 |
am No 25, 2005; No 111, 2005; No 32, 2011; No 11, 2016; No 105, 2019; No 38, 2024 | |
s 34M........................................ | ad No 121, 2003 |
am No 105, 2019 | |
s 34N......................................... | ad No 121, 2003 |
s 34O......................................... | ad No 121, 2003 |
am No 105, 2019 | |
s 34P.......................................... | ad No 121, 2003 |
s. 34Q........................................ | ad. No. 121, 2003 |
am. No. 111, 2005; No. 32, 2011 | |
s. 34R........................................ | ad. No. 121, 2003 |
s 34S.......................................... | ad No 121, 2003 |
am No 77, 2004; No 105, 2019 | |
s 34T......................................... | ad No 121, 2003 |
am No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 | |
s. 34U........................................ | ad. No. 121, 2003 |
am. No. 111, 2005; No. 32, 2011 | |
s. 34V........................................ | ad. No. 121, 2003 |
am. No. 111, 2005; No. 32, 2011 | |
s 34W........................................ | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019; No 38, 2024 | |
Subdivision E heading................. | rs No 105, 2019 |
s 34X......................................... | ad No 121, 2003 |
am No 25, 2005; No 116, 2006; No 105, 2019 | |
s 34Y......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 34Z......................................... | ad No 121, 2003 |
am No 105, 2019 | |
Division 2B................................ | ad. No. 77, 2004 |
s 34ZA....................................... | ad No 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 34ZB....................................... | ad No 77, 2004 |
am No 25, 2005; No 111, 2005; No 116, 2006; No 32, 2011; No 126, 2015; No 105, 2019 | |
s. 34ZC...................................... | ad. No. 77, 2004 |
am. No. 111, 2005; No. 116, 2006; No. 32, 2011 | |
s 34ZD....................................... | ad No 77, 2004 |
am No 116, 2006; No 11, 2016 | |
s 34ZE....................................... | ad No 77, 2004 |
am No 116, 2006 | |
s 34ZF....................................... | ad No 77, 2004 |
s 34ZG....................................... | ad No 77, 2004 |
am No 105, 2019 | |
s. 34ZH...................................... | ad. No. 77, 2004 |
am. No. 116, 2006 | |
s 34ZI........................................ | ad No 77, 2004 |
am No 105, 2019 | |
s 34ZJ........................................ | ad No 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s. 34ZK...................................... | ad. No. 77, 2004 |
am. No. 111, 2005; No. 32, 2011 | |
s 34ZL....................................... | ad No 77, 2004 |
am No 111, 2005; No 32, 2011 | |
s 34ZM...................................... | ad No 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019; No 38, 2024 | |
Subdivision D heading................. | rs No 105, 2019 |
s 34ZN....................................... | ad No 77, 2004 |
am No 116, 2006; No 105, 2019 | |
s 34ZO....................................... | ad No 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 34ZP....................................... | ad No 77, 2004 |
am No 116, 2006; No 105, 2019 | |
s 34ZQ....................................... | ad No 77, 2004 |
s 34ZR....................................... | ad No 77, 2004 |
s 34ZS....................................... | ad No 77, 2004 |
am No 105, 2019 | |
s 34ZT....................................... | ad. No. 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 34ZU....................................... | ad No 77, 2004 |
am No 111, 2005; No 116, 2006; No 32, 2011; No 105, 2019 | |
s 34ZV....................................... | ad. No. 77, 2004 |
am No 25, 2005; No 105, 2019 | |
s 34ZW...................................... | ad No 77, 2004 |
am No 105, 2019 | |
s 34ZX....................................... | ad No 77, 2004 |
Division 2C................................ | ad No 105, 2019 |
s 34ZY....................................... | ad No 105, 2019 |
s 34ZZ....................................... | ad No 105, 2019 |
s 34ZZA..................................... | ad No 105, 2019 |
s 34ZZB..................................... | ad No 105, 2019 |
am No 48, 2021 | |
s 34ZZC..................................... | ad No 105, 2019 |
s 34ZZD..................................... | ad No 105, 2019 |
s 34ZZE..................................... | ad No 105, 2019 |
s 34ZZF..................................... | ad No 105, 2019 |
s 34ZZG..................................... | ad No 105, 2019 |
s 34ZZH..................................... | ad No 105, 2019 |
Division 2D................................ | ad No 105, 2019 |
s 34ZZI...................................... | ad No 105, 2019 |
s 34ZZJ...................................... | ad No 105, 2019 |
s 34ZZK..................................... | ad No 105, 2019 |
am No 48, 2021; No 38, 2024 | |
s 34ZZL..................................... | ad No 105, 2019 |
s 34ZZM.................................... | ad No 105, 2019 |
s 34ZZN..................................... | ad No 105, 2019 |
s 34ZZO..................................... | ad No 105, 2019 |
s 34ZZP..................................... | ad No 105, 2019 |
s 34ZZQ..................................... | ad No 105, 2019 |
am No 38, 2024 | |
s 34ZZR..................................... | ad No 105, 2019 |
am No 48, 2021; No 38, 2024 | |
s 34ZZS..................................... | ad No 105, 2019 |
s 34ZZT..................................... | ad No 105, 2019 |
s 34ZZU..................................... | ad No 105, 2019 |
s 34ZZV..................................... | ad No 105, 2019 |
s 34ZZW.................................... | ad No 105, 2019 |
s 34ZZX..................................... | ad No 105, 2019 |
s 34ZZY..................................... | ad No 105, 2019 |
s 34ZZZ..................................... | ad No 105, 2019 |
s 34ZZZA.................................. | ad No 105, 2019 |
s 34ZZZB................................... | ad No 105, 2019 |
s 34ZZZC................................... | ad No 105, 2019 |
am No 38, 2024 | |
s 34ZZZD.................................. | ad No 105, 2019 |
s 34ZZZE................................... | ad No 105, 2019 |
s 34ZZZF................................... | ad No 105, 2019 |
s 35............................................ | am No 121, 2003; No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 36............................................ | am No 121, 2003; No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 37............................................ | am No 121, 2003; No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 37A......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019; No 38, 2024 | |
s 37B......................................... | ad No 121, 2003 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s 38............................................ | am No 121, 2003; No 111, 2005; No 32, 2011; No 105, 2019 |
s 39............................................ | am No 121, 2003; No 77, 2004; No 25, 2005; No 111, 2005; No 32, 2011; No 105, 2019 |
s 40............................................ | am No 111, 2005; No 126, 2005; No 116, 2006; No 32, 2011; No 105, 2019 |
s 41............................................ | am No 121, 2003; No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 42............................................ | am No 121, 2003; No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 43............................................ | am No 17, 2004; No 77, 2004; No 25, 2005; No 116, 2006; No 105, 2019 |
s 44............................................ | am No 111, 2005; No 32, 2011; No 105, 2019 |
s 44A......................................... | ad No 17, 2004 |
am No 111, 2005; No 32, 2011 | |
rep No 105, 2019 | |
s. 44B........................................ | ad. No. 77, 2004 |
am. No 25, 2005; No 111, 2005; No. 32, 2011 | |
s 45............................................ | am No 121, 2003; No 77, 2004; No 25, 2005; No 105, 2019 |
s 46............................................ | am No 121, 2003; No 77, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s. 47A........................................ | ad. No. 77, 2004 |
s 48............................................ | am No 121, 2003; No 17, 2004; No 77, 2004; No 25, 2005; No 105, 2019 |
Division 8.................................. | ad No 105, 2019 |
s 50............................................ | ad No 105, 2019 |
Part 2A...................................... | ad No 105, 2019 |
s 51............................................ | ad No 105, 2019 |
s 51A......................................... | ad No 105, 2019 |
s 52............................................ | ad No 105, 2019 |
s 52A......................................... | ad No 105, 2019 |
s 52B......................................... | ad No 105, 2019 |
s 52C......................................... | ad No 105, 2019 |
s 52D......................................... | ad No 105, 2019 |
s 53............................................ | ad No 105, 2019 |
s 53A......................................... | ad No 105, 2019 |
s 53B......................................... | ad No 105, 2019 |
s 53C......................................... | ad No 105, 2019 |
s 53D......................................... | ad No 105, 2019 |
s 53E......................................... | ad No 105, 2019 |
Part 3 heading............................. | rs. No. 17, 2004 |
Division 1 heading...................... | rs. No. 17, 2004 |
rep 105, 2019 | |
Division 1.................................. | rep No 105, 2019 |
Subdivision A............................. | rep No 105, 2019 |
s 50............................................ | am No 17, 2004; No 111, 2005; No 32, 2011 |
rep No 105, 2019 | |
Subdivision B heading................. | rs. No. 17, 2004 |
rep No 105, 2019 | |
Subdivision B............................. | rep No 105, 2019 |
s 51............................................ | am No 17, 2004 |
rep No 105, 2019 | |
s 52............................................ | am No 121, 2003; No 17, 2004; No 111, 2005; No 126, 2005; No 32, 2011 |
rep No 105, 2019 | |
s 53............................................ | am No 17, 2004; No 111, 2005; No 32, 2011 |
rep No 105, 2019 | |
Subdivision C heading................. | rs. No. 17, 2004 |
rep No 105, 2019 | |
Subdivision C............................. | rep No 105, 2019 |
s 54............................................ | am No 17, 2004 |
rep No 105, 2019 | |
Subdivision D............................. | rep No 105, 2019 |
s 55............................................ | am No 17, 2004 |
rep No 105, 2019 | |
s 56............................................ | am No 111, 2005; No 32, 2011 |
rep No 105, 2019 | |
Division 2.................................. | rs. No. 77, 2004 |
s 57............................................ | rs No 77, 2004 |
am No 111, 2005; No 32, 2011; No 105, 2019 | |
s. 58........................................... | rs. No. 77, 2004 |
am. No. 126, 2005 | |
s 59............................................ | am No 121, 2003 |
rs No 77, 2004 | |
am No 105, 2019 | |
Division 2A................................ | ad No 126, 2005 |
rep No 105, 2019 | |
Subdivision A............................. | rep No 105, 2019 |
s 59A......................................... | ad No 126, 2005 |
am No 155, 2005; No 32, 2011 | |
rep No 105, 2019 | |
Subdivision B............................. | rep No 105, 2019 |
s 59B......................................... | ad No 126, 2005 |
rep No 105, 2019 | |
s 59C......................................... | ad No 126, 2005 |
rep No 105, 2019 | |
Subdivision C............................. | rep No 105, 2019 |
s 59D......................................... | ad No 126, 2005 |
rep No 105, 2019 | |
s 59E......................................... | ad No 126, 2005 |
am No 155, 2005; No 32, 2011 | |
rep No 105, 2019 | |
Division 3 heading...................... | rs No 17, 2004 |
am No 105, 2019 | |
s 60............................................ | am No 17, 2004; No 77, 2004; No 111, 2005; No 126, 2005; No 32, 2011; No 105, 2019 |
Subdivision B heading................. | rs No 17, 2004 |
am No 105, 2019 | |
s 61............................................ | am No 121, 2003; No 17, 2004; No 77, 2004; No 126, 2005 |
rs No 105, 2019 | |
s 62............................................ | am No 121, 2003; No 17, 2004; No 77, 2004; No 111, 2005; No 32, 2011 |
rep No 105, 2019 | |
ss. 63, 64.................................... | am. No. 121, 2003 |
rep. No. 17, 2004 | |
s 65............................................ | am No 17, 2004; No 111, 2005; No 32, 2011; No 105, 2019; No 38, 2024 |
s 66............................................ | am No 17, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 66A......................................... | ad No 17, 2004 |
am No 77, 2004; No 111, 2005; No 32, 2011 | |
rep No 105, 2019 | |
s. 66B........................................ | ad No 17, 2004 |
am No 111, 2005; No 32, 2011 | |
rep No 105, 2019 | |
s 67............................................ | am No 121, 2003; No 17, 2004; No 111, 2005; No 32, 2011; No 62, 2014; No 105, 2019 |
Subdivision D heading | rs. No. 17, 2004 |
s 68............................................ | am No 17, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 69............................................ | am No 17, 2004; No 111, 2005; No 32, 2011 |
s 70............................................ | am No 17, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 71............................................ | am No 17, 2004; No 111, 2005; No 32, 2011; No 105, 2019 |
s 72............................................ | rs No 121, 2003 |
am No 17, 2004; No 111, 2005; No 32, 2011; No 105, 2019 | |
s 73............................................ | am No 126, 2005; No 105, 2019 |
s. 74........................................... | am. No. 121, 2003; No. 111, 2005; No. 32, 2011 |
s 74A......................................... | ad No 17, 2004 |
rep No 105, 2019 | |
s. 75........................................... | am. No. 17, 2004; No. 111, 2005; No. 32, 2011 |
s. 76........................................... | am. No. 17, 2004; No. 111, 2005; No. 32, 2011 |
s 76A......................................... | ad No 105, 2019 |
s 76B......................................... | ad No 105, 2019 |
s 77............................................ | am No 17, 2004; No 111, 2005; No 32, 2007; No 32, 2011; No 105, 2019 |
s 78A......................................... | ad No 105, 2019 |
s 80............................................ | ad No 105, 2019 |
0
0
0