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
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010
Midwife Professional Indemnity (Run‑off Cover Support Payment) Act 2010
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:
1 Short title
This Act may be cited as the Midwife Professional Indemnity Legislation Amendment Act 2011.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010
1 After subsection 11(3)
Insert:
(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:
(a) the ownership or control (however described) of a corporation of which one or more eligible midwives are employees;
(b) the true nature of the class of practice.
(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:
(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:
(a) the ownership or control (however described) of a corporation of which one or more eligible midwives are employees;
(b) the true nature of the class of practice.
(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]
Overview
The Midwife Professional Indemnity Legislation Amendment Act 2011 was enacted by the Parliament of Australia and received Royal Assent on 27 June 2011. This Act aims to amend the existing laws pertaining to midwife professional indemnity, particularly targeting the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 and the Midwife Professional Indemnity (Run-off Cover Support Payment) Act 2010. The legislation seeks to refine the definitions and provisions around midwife professional indemnity to ensure a more precise and effective framework for indemnity protection. The policy objective is to provide clarity and stability in the professional indemnity arrangements for midwives, ensuring they have adequate protection while maintaining the integrity of the support mechanisms in place.
The Act introduces amendments to allow for the specification of classes of practice that are not considered as private practice, providing flexibility in the interpretation of what constitutes such practice. Additionally, it revises the formula for calculating payments under the Run-off Cover Support Payment Act, applying these changes to contribution years starting on or after 1 July 2010. This amendment aims to align the financial support mechanisms more closely with the actual practices and needs of midwives.
Scope and Application
The Midwife Professional Indemnity Legislation Amendment Act 2011 amends two existing Acts: the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 and the Midwife Professional Indemnity (Run-off Cover Support Payment) Act 2010. This Act applies to eligible midwives and the entities employing them, specifically targeting the professional indemnity arrangements for midwives within the Australian healthcare system. Its geographic reach is national, as it pertains to the federal legislative framework governing midwife indemnity. The Act introduces modifications to the rules governing classes of practice that may not be considered as private practice, potentially affecting the eligibility criteria for indemnity contributions. Additionally, it revises the formula for calculating the Commonwealth contribution towards midwife professional indemnity for each contribution year starting on or after 1 July 2010. The amendments are designed to refine the operation of the indemnity schemes, ensuring they adequately cover the professional activities of midwives while providing clarity on the types of practices that are eligible for support. The Act does not explicitly state any exclusions or thresholds but implies that certain classes of practice may be excluded based on the rules specified. The application of these amendments extends through subordinate instruments, which may further define the operational details of the indemnity schemes.
Key Provisions
The Midwife Professional Indemnity Legislation Amendment Act 2011 amends two existing Acts: the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 and the Midwife Professional Indemnity (Run-off Cover Support Payment) Act 2010. Key sections of the Act include new provisions in section 11(3A) and 11(3B) of the Commonwealth Contribution Act, which allow the Rules to specify classes of practice that are not considered private practice for the purpose of determining eligibility for Commonwealth contributions. Similarly, section 31(6) and 31(7) of the Commonwealth Contribution Act permit the Rules to define classes of practice that are not considered private practice for the definition of private practice as a midwife. Additionally, the Act repeals the formula in section 7(3) of the Run-off Cover Support Payment Act, replacing it with a new formula applicable to contribution years starting on or after 1 July 2010.
The Act imposes specific obligations on the parties involved. The Rules, which are to be made under the Legislative Instruments Act 2003, must now include provisions that specify classes of practice that are not considered private practice. These classes can be described based on the ownership or control of a corporation employing eligible midwives or the true nature of the practice itself. Furthermore, the Rules can specify the effective date, which can be prior to their registration, ensuring flexibility in the implementation of these changes.
Breaching the requirements set out in the amended Acts may result in civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed in the provided text. Typically, breaches of legislative provisions related to professional indemnity schemes can result in financial penalties, legal actions, or other administrative consequences as outlined in the respective Acts. The maximum penalties would be determined based on the specific nature of the breach and the provisions of the Acts involved.