Medical Indemnity Amendment Regulations 2003 (No. 1) (Cth)

Medical Indemnity Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 2502

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Medical Indemnity Act 2002.

Dated 9 October 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Health and Ageing

1Name of Regulations

These Regulations are the Medical Indemnity Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations are taken to have commenced on 15 August 2003.

3Amendment of Medical Indemnity Regulations 2003

Schedule 1 amends the Medical Indemnity Regulations 2003.

Schedule 1Amendment

(regulation 3)

  

[1]Regulation 8

substitute

8IBNR indemnity contribution exemption (persons who are 65 or more)

For subsection 52 (4) of the Act, a person is exempt from IBNR indemnity contribution for a contribution year if:

1. (a)

   the person turned 65 before the beginning of the contribution year or will turn 65 in that year; and

2. (b)

   at least 15 days before the payment day for the contribution year, the person gives to the HIC:

   1. (i)

      a statutory declaration stating the date the person turned, or will turn, 65; or

   2. (ii)

      a certified copy of the person’s birth certificate.

8AIBNR indemnity contribution exemption (persons with a disability)

For subsection 52 (4) of the Act, a person is exempt from IBNR indemnity contribution for a contribution year if:

1. (a)

   the person has at the beginning of the contribution year, or develops during that year, a physical, intellectual, psychiatric or sensory impairment; and

2. (b)

   the person’s impairment is of 20 points or more under the Impairment Tables in Schedule 1B to the Social Security Act 1991; and

3. (c)

   the HIC is satisfied that the person has a continuing inability to work in a medical profession because of the person’s impairment.

Note for paragraph (c) Medical profession includes a health care related vocation. Health care related vocation means a health care related vocation that a person must be registered under a State or Territory law to practise. See subsection 4 (1) of the Act.

8BIBNR indemnity contribution exemption (persons who die on or after imposition day)

For subsection 52 (4) of the Act, a person is exempt from IBNR indemnity contribution for a contribution year if:

1. (a)

   the person dies on or after the imposition day in the contribution year; and

2. (b)

   as soon as practicable after the person’s death, the person’s legal personal representative gives to the HIC:

   1. (i)

      a statutory declaration, signed by the person’s legal personal representative, stating that the person has died and giving the date of the person’s death; or

   2. (ii)

      a certified copy of the person’s death certificate.

8CWhen IBNR indemnity contribution must be paid

For paragraph (b) of item 1 of the table in section 61 of the Act, 1 February 2004 is specified as the payment day for IBNR indemnity contribution for the contribution year beginning on 1 July 2003.

Notes

1. These Regulations amend Statutory Rules 2003 No. 208.

2. Notified in the Commonwealth of Australia Gazette