Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013 (Cth)

Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013

Medical Indemnity Act 2002

I, TANYA PLIBERSEK, Minister for Health, determine this Instrument under section 34ZN of the Medical Indemnity Act 2002.

TANYA PLIBERSEK

Dated      24 January   2013

Minister for Health  

Part 1              Preliminary

1              Name of Instrument

This Instrument is the Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013.

2              Commencement

This Instrument commences on the day after it is registered.

3              Amendment

Schedule 1 amends the Medical Indemnity (Run-off Cover Claims and Administration) Protocol 2006 (No. 2).

4              Application

The amendments made by this Instrument may apply to costs incurred by a medical indemnity provider on a day before this Instrument is registered. 

Schedule 1 - Amendments

[1]         Subsection 3(1), Definitions

insert

Avant means Avant Insurance Limited, ACN 003 707 471, previously Australasian Medical Insurance Limited.

PiiCA means Professional Indemnity Insurance Company Australia Pty Limited, ACN 007 383 137. 

[2]         Medicare Australia CEO

The following provisions are amended by omitting each mention of ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’:

·     Subsection 3(3)

·     Note following subsection 3(3)

·     Section 4

·     Paragraphs 5(1)(b), (c) and (d)

·     Subsection 6(2)

·     Subsection 6(3)

·     Paragraphs 7(1)(a), (b), (c), (g) and (h)

·     Paragraphs 8(a) and (b)

·     Subsection 9(1)

·     Subsection 9(2)

·     Paragraph 9(2)(b)

·     Paragraph 10(4)(a)

[3]         Part 5

substitute

Part 5              Payments to Particular Insurers

11            Payment to Avant for the Period from 1 January 2007 to 30 June 2009

(1)          Notwithstanding any other provision of this Protocol, and subject to subsection (3), the Chief Executive Medicare must pay Avant the amount of $1,066,742.97 within 30 days of receipt of an application in writing for payment under this Part. 

Note: The amount set out in this subsection 11(1) does not include GST.

(2)          A payment made to Avant under this Part is payment on account of legal, administrative or other costs incurred by Avant and PiiCA in respect of complying with Division 2A of Part 3 of the Prudential Supervision and Product Standards Act for the period from 1 January 2007 to 30 June 2009.

(3)          Neither Avant nor PiiCA is entitled to any further payment under this Protocol on account of legal, administrative or other costs incurred in respect of complying with Division 2A of Part 3 of the Prudential Supervision and Product Standards Act for the period from 1 January 2007 to 30 June 2009.