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

Administered by Department of Health, Disability and Ageing

Legislation au F2013L00154 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Health

 

Medical Indemnity Act 2002

Determination under section 34ZN

 

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

 

 

The Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013 (the Amendment Protocol) is made by the Minister for Health under section 34ZN of the Medical Indemnity Act 2002 (the Act).

 

The Run-off Cover Scheme (ROCS) was established on 1 July 2004.  Under the scheme, the Chief Executive Medicare reimburses medical indemnity providers for eligible run-off cover claims in respect of people who satisfy the legislative criteria.  The criteria include that the person is a medical practitioner who has retired, stopped private medical practice, gone on maternity leave or become disabled.  This cover is provided at no cost to medical practitioners who are eligible under ROCS.

 

The Medical Indemnity (Run-off Cover Claims and Administration) Protocol 2006 (No. 2) (the Principal Instrument) allows the Chief Executive Medicare to make payments to medical indemnity insurers to cover the legal, administrative or other costs incurred by them in complying with ROCS requirements during a contribution year.

 

Until 29 September 2007, Professional Indemnity Insurance Company Australia Pty Limited (PiiCA) operated as a medical indemnity insurer for the purposes of the Act.  On 30 September 2007, PiiCA ceased to operate as a medical indemnity insurer and transferred liability for its claims to Avant Insurance Limited (Avant; previously Australasian Medical Insurance Limited).

 

The Principal Instrument provides for payment on a contribution year basis and does not anticipate situations where medical indemnity insurers cease to operate midway through a contribution year. This, together with system alignment, application and data issues associated with PiiCA ceasing to operate as a medical indemnity insurer, meant that Avant did not receive payment in respect of some legal, administrative and other costs incurred by it and PiiCA during the period from 1 January 2007 to 30 June 2009.

 

The purpose of the Amendment Protocol is to allow the Chief Executive Medicare to make a payment to Avant to cover the legal, administrative or other costs incurred by Avant and PiiCA in respect of complying with ROCS requirements for the period from 1 January 2007 to 30 June 2009.

 

The Amendment Protocol provides for a payment to be made to Avant and sets out the process and timing of the payment.

 

The Amendment Protocol applies to costs incurred by Avant on a day before the Amendment Protocol is registered.

 

The Amendment Protocol also amends provisions in the Principal Instrument that refer to the Medicare Australia CEO.  As part of the integration of Medicare Australia into the Department of Human Services, the position of Medicare Australia CEO was abolished and replaced with the Chief Executive Medicare.

 

No other medical indemnity insurers are affected by the Amendment Protocol.

 

Consultation

 

In developing this Protocol, the Department of Health and Ageing has consulted with the Department of Human Services (Medicare) and Avant.

 

The Amendment Protocol is a legislative instrument for the purposes of the Legislative Instruments Act 2003. 

 

The Amendment Protocol will commence on the day after it is registered.


ATTACHMENT

 

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

 

Part 1  Preliminary

 

Section 1 - Name of Instrument

 

This section provides that the title of the Amendment Protocol is the Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013.

 

Section 2 - Commencement

 

This section provides that the Amendment Protocol will commence on the day after it is registered.

 

Section 3 – Amendment

 

This section provides that the Amendment Protocol amends the Medical Indemnity (Run-off Cover Claims and Administration) Protocol 2006 (No. 2).

 

Section 4Application

 

This section provides that the Amendment Protocol may apply to costs incurred by a medical indemnity provider before the Amendment Protocol commences.  This clarifies that the Amendment Protocol may apply to costs incurred by PiiCA and Avant in the 1 January 2007 to 30 June 2009 period.

 

Schedule 1 Amendments

 

Item 1

 

This item amends subsection 3(1) of the Principal Instrument, inserting the following definitions:

 

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.

 

Item 2

 

This item amends provisions in the Principal Instrument that refer to the Medicare Australia CEO, omitting ‘Medicare Australia CEO’ and inserting ‘Chief Executive Medicare’.  As part of the integration of Medicare Australia into the Department of Human Services, the position of Medicare Australia CEO was abolished and replaced with the Chief Executive Medicare.

 

Item 3

 

This item substitutes part 5 of the Principal Instrument with provisions allowing the Chief Executive Medicare to make a payment to Avant to cover the legal, administrative or other costs incurred by Avant and PiiCA in respect of complying with Division 2A of Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 (i.e. the ROCS requirements) for the period from 1 January 2007 to 30 June 2009.

 

PiiCA ceased to operate as a medical indemnity insurer on 29 September 2007 and transferred liability for its claims to Avant.  Issues associated with this change meant that Avant did not receive payment in respect of some legal, administrative and other costs incurred by it and PiiCA during the period from 1 January 2007 to 30 June 2009.

 

New part 5 replaces part 5 of the Principal Instrument which currently contains transitional and savings provisions for the 2006 calendar year that have become redundant.

 

New subsection 11(1) provides that, notwithstanding any other provisions of the Principal Instrument, 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.  An application for payment under new part 5 of the Principal Instrument is not required to be in an approved form.

 

New subsection 11(2) provides that payment to Avant under new part 5 is payment on account of legal, administrative or other costs incurred by Avant and PiiCA in respect of complying with the ROCS requirements for the period from 1 January 2007 to 30 June 2009.

 

New subsection 11(3) provides that neither Avant nor PiiCA is entitled to any further ROCS payment for legal, administrative, or other costs incurred for the period from 1 January 2007 to 30 June 2009.

 


Overview

The Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013 was introduced to address the financial implications arising from the cessation of operations by Professional Indemnity Insurance Company Australia Pty Limited (PiiCA) and the subsequent transfer of liability to Avant Insurance Limited (formerly Australasian Medical Insurance Limited). This amendment was enacted by the Minister for Health under section 34ZN of the Medical Indemnity Act 2002. The primary objective of this amendment is to ensure that Avant receives appropriate compensation for legal, administrative, and other costs incurred during the period from 1 January 2007 to 30 June 2009, which was omitted due to operational changes and system alignment issues when PiiCA ceased operations on 30 September 2007. The Protocol also incorporates necessary amendments to reflect the integration of Medicare Australia into the Department of Human Services, replacing references to the Medicare Australia CEO with the Chief Executive Medicare. This legislative instrument aims to rectify the financial discrepancies caused by these operational changes and ensure continued support for medical indemnity providers under the Run-off Cover Scheme.

Scope and Application

The Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013 applies specifically to the costs incurred by Avant Insurance Limited (formerly Australasian Medical Insurance Limited) and Professional Indemnity Insurance Company Australia Pty Limited (PiiCA) in relation to the Run-off Cover Scheme (ROCS) for the period from 1 January 2007 to 30 June 2009. This Act is a legislative instrument made under the Medical Indemnity Act 2002 and comes into effect the day after its registration. The primary purpose of this Amendment Protocol is to address the financial discrepancies that arose when PiiCA ceased operations and transferred its liability to Avant, ensuring that Avant receives compensation for certain legal, administrative, and other costs incurred during the specified period. The Protocol also updates references to the Medicare Australia CEO to the Chief Executive Medicare, reflecting the administrative integration of Medicare Australia into the Department of Human Services. The Amendment Protocol is confined to these particular entities and does not affect any other medical indemnity insurers.

Key Provisions

The Medical Indemnity (Run-off Cover Claims and Administration) Amendment Protocol 2013, made under section 34ZN of the Medical Indemnity Act 2002, amends the Medical Indemnity (Run-off Cover Claims and Administration) Protocol 2006. The Amendment Protocol addresses financial discrepancies arising from the transfer of liability from Professional Indemnity Insurance Company Australia Pty Limited (PiiCA) to Avant Insurance Limited (Avant) on 30 September 2007. Specifically, it ensures that Avant receives compensation for certain costs incurred during the transition period from 1 January 2007 to 30 June 2009 (Section 3 and Schedule 1, Item 3). The Amendment Protocol mandates the Chief Executive Medicare to make a payment of $1,066,742.97 to Avant, covering legal, administrative, or other costs related to complying with the Run-off Cover Scheme (ROCS) requirements for the aforementioned period (Schedule 1, Item 3). Additionally, the Amendment Protocol updates references to the Medicare Australia CEO to the Chief Executive Medicare, reflecting the structural changes within the Department of Human Services (Schedule 1, Item 2). Entities governed by the Amendment Protocol, primarily the Chief Executive Medicare and Avant, are required to adhere to the financial compensation process outlined. The Chief Executive Medicare must process and make the specified payment to Avant within 30 days of receiving an application in writing (Schedule 1, Item 3, new subsection 11(1)). Avant, as the entity entitled to the payment, must ensure that the application is submitted in a timely manner and provide necessary documentation to substantiate the claimed costs. Failure to comply with the obligations under the Amendment Protocol could lead to legal and financial repercussions. However, the Amendment Protocol itself does not explicitly detail penalties or consequences for non-compliance. Nevertheless, given its legislative nature, any breaches could potentially be subject to the general enforcement mechanisms available under the Medical Indemnity Act 2002 and other relevant legislation. This may include civil or administrative actions, depending on the severity and nature of the breach.

Legal classification tags

Area of Law
Medical Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.