Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010

made under section 90 of the

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

Compilation No. 3  

Compilation date:   2 April 2020
     

Includes amendments up to: Medical and Midwife Indemnity Legislation Amendment (Eligible Run off Claims) Rules 2020 (F2020L00375)

This compilation includes retrospective amendments made by F2020L00375.

About this compilation

This compilation

This is a compilation of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010 that shows the text of the law as amended and in force on 2 April 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

1. Name of Rules

3. Definitions

Part 2 Definitions, requirements and specified rates

4. Meaning of the term eligible insurer

5AA.  Exclusion from the term eligible midwife (1 July 2010 to

                        1 July 2010                                                                                             2

5. Meaning of the term eligible midwife (1 January 2017-

 30 June 2018)

5A. Meaning of the term eligible midwife (beginning 1 July 2018) 3

6. Late payment of overpayment —penalty rate 3

7. Late payment of overpayment —penalty rate

8. Late payment of run-off cover support payment — penalty rate

9. Claims by eligible midwives 4

10. Eligible run off claims—COVID 19 human biosecurity emergency period              4

Endnotes  5

Endnote 1—About the endnotes 5

Endnote 2—Abbreviation key 6

Endnote 3—Legislation history 7

Endnote 4—Amendment history 8

 Part 1 Preliminary

1. Name of Rules

These Rules are the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010.

3. Definitions

In these Rules:

Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.

Board means the Nursing and Midwifery Board of Australia.

corporation means a corporation within the meaning of section 57A of the Corporations Act 2001.

COVID‑19 human biosecurity emergency period has the meaning given by subrule 10(4).

endorsed by the Board means endorsed by the Board under section 94 of the National Law to prescribe schedule 2, 3, 4 and 8 medicines and to provide associated services required for midwifery practice in accordance with relevant state and territory regulation.

National Law means:

(a)   for a State or Territory other than Western Australia, the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) and adopted (with or without modifications) by legislation of that State or Territory of Australia as a law of that jurisdiction; and

(b)    for Western Australia, the legislation enacted by the Health Practitioner Regulation National Law (WA) Act 2010 (WA) that corresponds to the Health Practitioner Regulation National Law Act 2009 (Qld).

Part 2 Definitions, requirements, specified rates etc.

4.                      Meaning of the term eligible insurer

An eligible insurer means a body corporate who is included in the class of insurers comprising of Medical Insurance Australia Pty Ltd.   

5AA. Exclusion from the term eligible midwife (1 July 2010 to 1 July 2020)

(1)        This rule takes effect on 1 July 2010 and ceases to have effect on 1 July 2020.

(2)        For paragraph (c) of the definition of eligible midwife in subsection 5(1) of the Act, the class of persons described in subrule (3) is specified.

(3)        The class of persons is those persons who meet the following criteria:

(a)                    the person is engaged as an employee to practise as a midwife;

(b)                    the person’s practice is not in a class of practice specified pursuant to subsection 11(3A) of the Act;

(c)                    the person’s employer is a party to a contract of insurance, with an eligible insurer, that indemnifies the employer in relation to claims that may be made against the employer in relation to incidents that occur or occurred in the course of, or in connection with, the practice by employees of the employer, including the person, of the profession of midwifery.

5.                      Meaning of the term eligible midwife (1 January 2017–30 June 2018)

(1)        This rule applies until the end of 30 June 2018.

(2)        For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, the person must meet the requirements that are specified in subrule (3) or the requirements that are specified in subrule (4). 

(3)        The person must have:

(a)                    current general registration as a midwife in Australia with no restrictions on practice;

(b)                    midwifery experience that constitutes the equivalent of 3 years full time post initial registration as a midwife;

(c)                    current competence, as recognised by the Board, to provide pregnancy, labour, birth and post natal care to women and their infants;

(d)                    successfully completed a professional practice review program approved by the Board for midwives working across the continuum of midwifery care;

(e)                    undertaken 20 additional hours per year of continuing professional development relating to the continuum of midwifery care;

(f)                     either successfully completed, or provided a formal undertaking to the Board that they will complete within 18 months of recognition as an eligible midwife:

(i)                     an accredited and approved program of study determined by the Board to develop midwives’ knowledge and skills in prescribing, or

(ii)                   a program, recognised by the Board, that is substantially equivalent to such an approved program of study; and

(g)                    not be, or have been at any time after 1 January 2017, endorsed by the Board.

(4)        The person must be endorsed by the Board.

5A. Meaning of the term eligible midwife (beginning 1 July 2018)

(1)        This rule applies beginning on 1 July 2018.

(2)        For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, the person must meet the requirements that are specified in subrule (3).

(3)        The person must be endorsed by the Board.

6.                      Late payment of overpayment —penalty rate

For paragraph 28(2)(a) of the Act, the rate of 0.03% per day is specified.

7.                      Late payment of overpayment —penalty rate

For paragraph 40(2)(a) of the Act, the rate of 0.03% per day is specified.

8.                      Late payment of run-off cover support payment — penalty rate

For paragraph 76(2)(a) of the Act, the rate of 0.03% per day is specified.

Note:  The rate specified by rules 6, 7 and 8 is the general interest charge rate set by the Australian Taxation Office for the January to March quarter 2010.  The general interest charge is calculated under section 8AAD of the Taxation Administration Act 1953.

9. Claims by eligible midwives

For paragraph 11(3)(g) and subsection 31(5) of the Act, eligible midwives who practise effectively as self-employed midwives but operate their practice through a corporation whose shareholders and directors are each practising midwives, and there are no shareholders or directors who are not practising midwives, are not included in the class of eligible midwives who are ordinarily, or could reasonably be expected in the ordinary course of business to be, engaged as employees (and therefore indemnified from liability by their employer).

10.  Eligible run‑off claims—COVID‑19 human biosecurity emergency period

(1)        For the purposes of paragraph 31(2)(f) of the Act, the class of persons to each of whom subrule (2) of this rule applies is specified as persons to whom subsection 31(2) of the Act applies.

(2)        Subject to subrule (3) of this rule, this rule applies to a person if subsection 31(2) of the Act would apply to the person (disregarding this rule) were it not for practice as an eligible midwife that the person begins to engage in:

(a) on or after the commencement of this rule; and

(b) during a COVID‑19 human biosecurity emergency period.

(3) If, 1 month after the end of the COVID‑19 human biosecurity emergency period, the person is still engaged in practice as an eligible midwife, subrule (2) of this rule ceases to apply to the person at the end of that month.

(4) A COVID‑19 human biosecurity emergency period is a human biosecurity emergency period (within the meaning of the Biosecurity Act 2015) in relation to which the declaration listed human disease (within the meaning of that Act) is human coronavirus with pandemic potential.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history