Midwife Professional Indemnity Legislation Amendment Act 2011 (Cth)

Midwife Professional Indemnity Legislation Amendment Act 2011

No. 47, 2011

An Act to amend the law relating to midwife professional indemnity, and for related purposes

Contents

Midwife Professional Indemnity Legislation Amendment Act 2011

No. 47, 2011

An Act to amend the law relating to midwife professional indemnity, and for related purposes

[Assented to 27 June 2011]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Midwife Professional Indemnity Legislation Amendment Act 2011.

2Commencement

This Act commences on the day this Act receives the Royal Assent.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

1

After subsection 11(3)

Insert:

1. (3A)

   For the purposes of paragraph 11(3)(g), the Rules may specify one or more classes of practice that are taken not to be practice of a kind referred to in that paragraph and, without limiting the way in which a class may be specified, the class may be described by reference to the following:

   1. (a)

      the ownership or control (however described) of a corporation of which one or more eligible midwives are employees;

   2. (b)

      the true nature of the class of practice.

2. (3B)

   To avoid doubt, Rules made for the purposes of subsection (3A) may be expressed to take effect from a date before the Rules are registered under the Legislative Instruments Act 2003.

2

At the end of section 31

Add:

1. (6)

   For the purposes of paragraph (c) of the definition of private practice as a midwife in subsection (5), the Rules may specify one or more classes of practice that are taken not to be practice of a kind referred to in that paragraph and, without limiting the way in which a class may be specified, the class may be described by reference to the following:

   1. (a)

      the ownership or control (however described) of a corporation of which one or more eligible midwives are employees;

   2. (b)

      the true nature of the class of practice.

2. (7)

   To avoid doubt, Rules made for the purposes of subsection (6) may be expressed to take effect from a date before the Rules are registered under the Legislative Instruments Act 2003.

Midwife Professional Indemnity (Run‑off Cover Support Payment) Act 2010

3

Subsection 7(3) (formula)

Repeal the formula, substitute:

4

Application of amendment made by item 3

The amendment made by item 3 applies to each contribution year starting on or after 1 July 2010.

[Minister’s second reading speech made in—

House of Representatives on 3 March 2011

Senate on 11 May 2011]

(30/11)