Medical Indemnity (Consequential Amendments) Act 2002 (Cth)

Medical Indemnity (Consequential Amendments) Act 2002

No. 133, 2002

An Act to make amendments consequential on the enactment of the medical indemnity legislation, and for related purposes

Contents

Medical Indemnity (Consequential Amendments) Act 2002

No. 133, 2002

An Act to make amendments consequential on the enactment of the medical indemnity legislation, and for related purposes

[Assented to 19 December 2002]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Medical Indemnity (Consequential Amendments) Act 2002.

2Commencement

This Act commences, or is taken to have commenced, on 1 January 2003.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Health Insurance Act 1973

1

Subsection 130(1)

After “Health Insurance Commission Act 1973”, insert “or the medical indemnity legislation”.

2

Subsection 130(25)

Insert:

medical indemnity legislation means:

1. (a)

   the Medical Indemnity Act 2002; and

2. (b)

   the Medical Indemnity (Enhanced UMP Indemnity) Contribution Act 2002; and

3. (c)

   the Medical Indemnity (IBNR Indemnity) Contribution Act 2002.

Health Insurance Commission Act 1973

3

After paragraph 3A(1)(ba)

Insert:

1. (bb)

   an offence against the Medical Indemnity Act 2002; or

4

Paragraph 3A(1)(c)

Repeal the paragraph, substitute:

1. (c)

   an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to an offence referred to in paragraph (a), (b), (ba) or (bb).

5

After paragraph 3A(2)(b)

Insert:

1. (ba)

   an offence against the Medical Indemnity Act 2002; or

6

Paragraph 3A(2)(c)

Omit “or (b)”, substitute “, (b) or (ba)”.

7

Paragraph 3A(2)(d)

Repeal the paragraph, substitute:

1. (d)

   an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code that relates to:

   1. (i)

      a claim for payment in respect of the rendering of a professional service; or

   2. (ii)

      an indemnity scheme payment.

8

After paragraph 3A(2A)(c)

Insert:

1. (ca)

   an offence against the Medical Indemnity Act 2002; or

9

Paragraph 3A(2A)(d)

Omit “or (c)”, substitute “, (c) or (ca)”.

10

Paragraph 3A(2A)(e)

Repeal the paragraph, substitute:

1. (e)

   an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1, 137.2, 145.2 or 145.3 of the Criminal Code that relates to:

   1. (i)

      a claim for payment in respect of the rendering of a professional service; or

   2. (ii)

      an indemnity scheme payment.

11

Subsection 3A(3)

Omit “paragraphs (2)(d) and (2A)(e)”, substitute “subsections (2) and (2A)”.

12

Subsection 3A(3)

Insert:

indemnity scheme payment has the same meaning as in the Medical Indemnity Act 2002.

13

At the end of section 42

Add:

1. (2)

   The annual report must also include information about the operation of the following Acts during the financial year to which the report relates:

   1. (a)

      the Medical Indemnity Act 2002;

   2. (b)

      the Medical Indemnity (Enhanced UMP Indemnity) Contribution Act 2002;

   3. (c)

      the Medical Indemnity (IBNR Indemnity) Contribution Act 2002.

National Health Act 1953

14

Subsection 135A(1)

After “Health Insurance Commission Act 1973”, insert “or the medical indemnity legislation”.

15

Subsection 135A(24)

Insert:

medical indemnity legislation means:

1. (a)

   the Medical Indemnity Act 2002; and

2. (b)

   the Medical Indemnity (Enhanced UMP Indemnity) Contribution Act 2002; and

3. (c)

   the Medical Indemnity (IBNR Indemnity) Contribution Act 2002.

[Minister’s second reading speech made in—

House of Representatives on 13 November 2002

Senate on 9 December 2002]

(238/02)