means a claim or demand of any kind (whether or not involving legal proceedings); and

includes proceedings of any kind including:

proceedings before an administrative tribunal or of an administrative nature; and

disciplinary proceedings (including disciplinary proceedings conducted by or on behalf of a professional body); and

an inquiry or investigation;

and claim against a person includes an inquiry into, or an investigation of, the person’s conduct.

claims-made based cover has the meaning given by subsections 6(2) and (3).

claims period, in relation to a regulated insurance contract, has the meaning given by subsection 21(3).

client, in relation to a regulated insurance contract, has the meaning given by subsection 21(2).

come into effect, in relation to an arrangement, has the meaning given by subsection (4).

compensation claim means a claim for compensation or damages that is made against a health care professional in relation to a health care incident.

complying offer has the meaning given by section 24.

compulsory new contract offer means an offer under section 22.

compulsory offer period means the period referred to in paragraph 24(2)(b) in relation to the offer.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

enter into, in relation to certain arrangements, has a meaning affected by section 7.

entity means:

a body corporate; or

a partnership; or

any other unincorporated association or body of persons; or

a trust.

general insurer has the same meaning as in the Insurance Act 1973.

health care means any care, treatment, advice, service or goods provided in respect of the physical or mental health of a person.

health care incident means an incident that occurs in the course of, or in connection with, the provision of health care by the health care professional.

health care professional:

means an individual who provides health care (whether for reward or not and whether as an employee, as part of a business or on some other basis); and

includes:

a medical practitioner; and

a registered health professional.

incident includes:

any act, omission or circumstance; and

an incident that is claimed to have occurred.

incident-occurring based cover has the meaning given by subsection 6(4).

indemnify has a meaning affected by subsection (2).

Lloyd’s underwriter has the same meaning as in the Insurance Act 1973.

MDO has the same meaning as in the Medical Indemnity Act 2002.

medical indemnity insurer has the same meaning as in the Medical Indemnity Act 2002.

medical practitioner means an individual registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.

minimum cover amount has the meaning given by section 16.

new regulated insurance contract means a regulated insurance contract to which section 22 applies.

otherwise uncovered prior incidents for a health care professional has the meaning given by subsection 21(4).

payable, in relation to a compensation claim, has the meaning given by subsection (7).

provide a financial service has the same meaning as in the Corporations Act 2001.

provide medical indemnity cover has the meaning given by section 5.

prudential standard means a standard determined by APRA under section 32 of the Insurance Act 1973.

registered health professional: an individual is a registered health professional if:

the individual practises a health care related vocation; and

the individual must be registered under a State or Territory law to practise that vocation.

regulated insurance contract has the meaning given by subsection 21(1).

relevant constitutional connection has the meaning given by subsection (6).

renew has the meaning given by subsection (5).

without medical indemnity cover has the meaning given by subsection (3).

Indemnify

making a payment; or

agreeing to make a payment.

Without medical indemnity cover for a health care incident

the health care incident occurs during a particular period; and

there is no arrangement under which the health care professional will, or may, be indemnified for compensation claims made against the health care professional in relation to health care incidents occurring during that period.

When arrangement comes into effect

the arrangement is renewed; or

the period of the arrangement is extended;

whether this happens:

because of action taken, or not taken, by a party or parties to the arrangement; or

automatically; or

by force of law.

Relevant constitutional connection

the arrangement provides for insurance with respect to which the Commonwealth Parliament has power to make laws under paragraph 51(xiv) of the Constitution; or

the arrangement is entered into in the course of trade and commerce:

with other countries; or

among the States; or

between a State and a Territory; or

the arrangement is entered into in, or is governed by the laws of, a Territory.

Amount payable in relation to compensation claim

a contract of insurance under which the insurer provides medical indemnity cover for a health care professional; or

an offer by an insurer to provide medical indemnity cover for a health care professional;

to a compensation claim against the health care professional being made, or having to be made, during a particular period is a reference to any one or more of the following happening, or having to happen, during that period:

the compensation claim being made against the health care professional;

the compensation claim being notified to the insurer;

the health care incident to which the compensation claim relates being notified to the insurer;

a claim being made against the insurer in relation to the compensation claim;

an event prescribed by the regulations.

References to health care professional

may be one under which the indemnity is provided at the person’s discretion; and

may be, but need not be, an arrangement between the person and the health care professional; and

may be:

one under which the health care professional is indemnified directly; or

one under which the health care professional is indemnified indirectly through an entity or entities interposed between the person and the health care professional.

under the contract, the insurer provides medical indemnity cover for a health care professional in relation to a compensation claim against the health care professional in relation to a health care incident only if:

(i) the incident occurs during a period specified in the contract (the incidents period); and

(ii) the compensation claim is made against the health care professional during a period specified in the contract (the claims period); and

the incidents period is not a period that has ended before the claims period begins; and

the claims period is fixed.

by agreement between the parties to the contract; or

by renewal of the contract.

under the contract, the insurer provides medical indemnity cover for a health care professional in relation to a compensation claim in relation to a health care incident only if the incident occurs during a period specified in the contract; and

under the contract, the insurer provides that medical indemnity cover:

regardless of when the compensation claim is made against the health care professional; and

whether or not the health care professional has died, become permanently disabled or retired.

(a) under an arrangement, a person (the cover provider) will or may provide medical indemnity cover of a particular kind for a health care professional; and

the cover provider will or may provide that cover only if:

a particular period has expired; and

the health care professional dies, becomes permanently disabled or retires; and

the arrangement is not a contract of insurance;

the cover provider is taken to enter into the arrangement, to the extent to which it relates to that cover, at the earliest time at which:

there are no conditions that need to be satisfied for the cover to be provided for the health care professional; or

the only conditions that need to be satisfied for the cover to be provided for the health care professional are conditions that relate to:

payments being made to the cover provider for the cover; or

the making of a claim against the cover provider under the arrangement.

an arrangement under which medical indemnity cover is provided by:

the Commonwealth, a public authority of the Commonwealth or an instrumentality or agency of the Crown in right of the Commonwealth; or

a State, a public authority of a State or an instrumentality or agency of the Crown in right of a State; or

a Territory, a public authority of a Territory or an instrumentality or agency of the Crown in right of a Territory; or

an arrangement under which medical indemnity cover is provided by a person to a health care professional who is an employee of the person; or

an arrangement under which medical indemnity cover is provided by an employer in relation to health care provided to the employer’s employees:

by an employee of the employer; or

under a contract between the employer and the person providing the care; or

an arrangement under which medical indemnity cover is provided by a body corporate prescribed by the regulations; or

an arrangement of a kind prescribed by the regulations.

(a) under a contract of insurance (the relevant contract), the person provides medical indemnity cover for a health care professional; and

the health care professional is:

a medical practitioner; or

a registered health professional prescribed by the regulations.

Offence

subsection (1) applies to the insurer; and

the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and

the maximum amount payable by the insurer under the relevant contract in relation to a single compensation claim made against the health care professional would, but for subsection (4), be less than the minimum cover amount applicable at that time.

(a) subsection (1) applies to a person (the insurer); and

the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and

a compensation claim is made against the health care professional; and

an amount is payable by the insurer under the relevant contract in relation to the compensation claim; and

the maximum amount payable by the insurer under the relevant contract in relation to the compensation claim would, but for this subsection, be less than the minimum cover amount applicable at that time;

the maximum amount payable by the insurer under the relevant contract in relation to the compensation claim is the minimum cover amount applicable at that time (instead of the maximum amount provided for in the relevant contract).

(a) under a contract of insurance (the relevant contract), the person provides medical indemnity cover for a health care professional; and

the health care professional is:

a medical practitioner; or

a registered health professional prescribed by the regulations; and

the relevant contract provides for incident-occurring based cover.

(a) the qualifying incident period is the period during which a health care incident must occur for the person to provide medical indemnity cover under the relevant contract in relation to the incident; and

(b) there is only one relevant period and it is the qualifying incident period if the qualifying incident period is a year or shorter than a year; and

(c) the year starting at the beginning of the qualifying incident period, and each succeeding year or part of a year in the qualifying incident period, is a relevant period if the qualifying incident period is longer than a year.

Offence

subsection (1) applies to the insurer; and

the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and

the maximum amount payable, in aggregate, by the insurer under the relevant contract in relation to all the compensation claims that are made against the health care professional in relation to health care incidents that occur during a particular relevant period would, but for subsection (5), be less than the minimum cover amount applicable at that time.

(a) subsection (1) applies to a person (the insurer); and

the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and

(c) amounts are payable by the insurer under the relevant contract in relation to 2 or more compensation claims (the multiple claims) that are made against the health care professional in relation to health care incidents that occur in a particular relevant period; and

the maximum amount payable by the insurer under the relevant contract in relation to the multiple claims would, but for this subsection, be less than the minimum cover amount applicable at that time;

the maximum amount payable, in aggregate, by the insurer under the relevant contract in relation to the multiple claims is the minimum cover amount applicable at that time (instead of the maximum amount provided for in the relevant contract).

(a) under a contract of insurance (the relevant contract), the person provides medical indemnity cover for a health care professional; and

the health care professional is:

a medical practitioner; or

a registered health professional prescribed by the regulations; and

the contract does not provide for incident-occurring based cover.

(a) the qualifying claims period is the period specified in the relevant contract as the period during which a compensation claim against the health care professional has to be made for medical indemnity cover to be provided in relation to the compensation claim; and

(b) there is only one relevant period and it is the qualifying claims period if the qualifying claims period is a year or shorter than a year; and

(c) the year starting at the beginning of the qualifying claims period, and each succeeding year or part of a year in the qualifying claims period, is a relevant period if the qualifying claims period is longer than a year.

Offence

subsection (1) applies to the insurer; and

the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and

the maximum amount payable, in aggregate, by the insurer under the relevant contract in relation to all the compensation claims that are made against the health care professional during a particular relevant period would, but for subsection (5), be less than the minimum cover amount applicable at that time.

(a) subsection (1) applies to a person (the insurer); and

the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and

(c) amounts are payable by the insurer under the relevant contract in relation to 2 or more compensation claims (the multiple claims) that are made against the health care professional during a particular relevant period; and

the maximum amount payable by the insurer under the relevant contract in relation to the multiple claims would, but for this subsection, be less than the minimum cover amount applicable at that time;

the maximum amount payable, in aggregate, by the insurer under the relevant contract in relation to the multiple claims is the minimum cover amount applicable at that time (instead of the maximum amount provided for in the relevant contract).

the contract is a contract of insurance under which the insurer provides medical indemnity cover for a health care professional in relation to compensation claims; and

the health care professional is:

a medical practitioner; or

a registered health professional prescribed by the regulations; and

the cover provided for by the contract is claims-made based cover; and

the contract is entered into, comes into effect or is renewed on or after 1 July 2003.

Client

for an offer to be made under section 22—the health care incidents:

that occurred before the start of the claims period for the regulated insurance contract; and

for which the health care professional would otherwise be without medical indemnity cover; and

for an offer to be made under section 23—the health care incidents:

that have occurred, or will occur, before the contract that arises from the offer would take effect; and

for which the health care professional would otherwise be without medical indemnity cover.

Subdivision B—Insurer’s responsibilities

a regulated insurance contract is entered into, comes into effect or is renewed; and

the insurer provides medical indemnity cover for a health care professional under the regulated insurance contract; and

(c) the insurer does not make an offer (the compulsory offer) to the client that satisfies all of the following subparagraphs:

the offer is an offer to provide medical indemnity cover for the health care professional in relation to all compensation claims that are made against the health care professional, during a period that includes the whole of the claims period for the regulated insurance contract, in relation to the health care professional’s otherwise uncovered prior incidents;

the offer is made at the same time as the insurer makes the offer or the invitation that leads to the regulated insurance contract or the renewal;

the offer is a complying offer.

an otherwise uncovered prior incident of the health care professional; or

a compensation claim in relation to an incident of that kind;

if it is reasonable and appropriate for the insurer to exclude the incident or claim from the cover being offered, having regard to:

the nature of the health care provided by the health care professional during the period during which the otherwise uncovered prior incident occurred; and

the kinds of exclusions that are usually provided for in contracts of insurance that provide similar cover to the cover being offered; and

any other relevant consideration.

a regulated insurance contract is entered into, comes into effect or is renewed; and

the insurer provides medical indemnity cover for a health care professional under the regulated insurance contract; and

the regulated insurance contract is entered into, comes into effect or is renewed before the client has given the insurer a written response to the compulsory offer; and

the medical indemnity cover does not relate to all compensation claims that are made against the health care professional, during a period that includes the whole of the claims period for the regulated insurance contract, in relation to the health care professional’s otherwise uncovered prior incidents.

Offence—record keeping

a regulated insurance contract is entered into, comes into effect or is renewed; and

the insurer provides medical indemnity cover for a health care professional under the regulated insurance contract; and

the insurer does not keep a copy of the following:

the compulsory offer;

if the client gives the insurer a written response to the compulsory offer—that response;

any other offer that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;

any invitations that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to make an offer to enter into a contract of insurance under which the insurer would provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;

for the period of 5 years starting on the day on which the compulsory offer is made.

Defences for offences against subsections (1), (2) and (3)

the regulated insurance contract provides medical indemnity cover for the health care professional in relation to all the compensation claims referred to in paragraph (1)(c); or

the health care professional has no otherwise uncovered prior incidents; or

every health care incident covered by the regulated insurance contract is, or would be, one occurring outside Australia and the external Territories.

an otherwise uncovered prior incident of the health care professional; or

a compensation claim in relation to an incident of that kind;

if it is reasonable and appropriate for the insurer to exclude the incident or claim from the cover provided by the contract, having regard to:

the nature of the health care provided by the health care professional during the period during which the otherwise uncovered prior incident occurred; and

the kinds of exclusions that are usually provided for in contracts of insurance that provide similar cover to the cover being offered; and

any other relevant consideration.

the insurer makes an offer for the purposes of subsection (1); and

the only reason why the offer does not satisfy subparagraph (1)(c)(i) is that the offer does not extend to some of the health care professional’s otherwise uncovered prior incidents; and

the insurer has reasonable grounds for believing that the offer does extend to all the health care professional’s otherwise uncovered prior incidents.

Compulsory offer has no effect in certain circumstances

the insurer provides medical indemnity cover for a health care professional under a regulated insurance contract; and

an event prescribed by the regulations for the purposes of this paragraph occurs during the claims period for the regulated insurance contract; and

(c) the insurer does not make an offer (the compulsory offer) to the client that satisfies all of the following subparagraphs:

the offer is an offer to provide medical indemnity cover for the health care professional in relation to compensation claims that are made against the health care professional in relation to the health care professional’s otherwise uncovered prior incidents and the offer satisfies the requirements specified in the regulations for the purposes of this subparagraph;

the offer is made within 28 days after the insurer becomes aware of that event;

the offer is a complying offer.

the compensation claims to be covered by the contract being offered; and

the limits on the amounts payable by the insurer under the contract being offered (whether in relation to an individual compensation claim or in relation to compensation claims made during a particular period).

Without limiting paragraph (a), the regulations may specify the compensation claims by reference to the period during which the compensation claims can be made.

Offence—entering into new contract before response to compulsory offer received

an otherwise uncovered prior incident of the health care professional; or

a compensation claim in relation to an incident of that kind;

if it is reasonable and appropriate for the insurer to exclude the incident or claim from the cover being offered, having regard to:

the nature of the health care provided by the health care professional during the period during which the otherwise uncovered prior incident occurred; and

the kinds of exclusions that are usually provided for in contracts of insurance that provide similar cover to the cover being offered; and

any other relevant consideration.

the person provides medical indemnity cover for a health care professional under a regulated insurance contract; and

paragraph (1)(b) applies to the regulated insurance contract; and

after the insurer makes the compulsory offer, the insurer subsequently enters into a contract of insurance with the client to provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional; and

the contract referred to in paragraph (c) is not entered into in response to the compulsory offer; and

the contract referred to in paragraph (c) is entered into before the client has given the insurer a written response to the compulsory offer.

Offence—record keeping

the insurer provides medical indemnity cover for a health care professional under a regulated insurance contract; and

paragraph (1)(b) applies to the regulated insurance contract; and

the insurer does not keep the following:

a copy of the compulsory offer;

either a copy of the client’s written response to the compulsory offer or a written record (made within 14 days after the end of the compulsory offer period) of the client’s response, or failure to respond, to the compulsory offer;

a copy of any other offer that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;

a copy of any invitations that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to make an offer to enter into a contract of insurance under which the insurer would provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;

for the period of 5 years starting on the day on which the compulsory offer is made.

No offences if regulations not in force

when the event referred to in paragraph (1)(b) occurs; and

when the period of 28 days referred to in subparagraph (1)(c)(ii) ends.

If this is so, the requirements that the compulsory offer must satisfy are those specified in the regulations as in force when the event referred to in paragraph (1)(b) occurs.

Defences for offences against subsections (1), (3) and (4)

the insurer makes an offer for the purposes of subsection (1); and

the only reason why the offer does not satisfy subparagraph (1)(c)(i) is that the offer does not extend to some of the health care professional’s otherwise uncovered prior incidents; and

the insurer has reasonable grounds for believing that the offer does extend to all the health care professional’s otherwise uncovered prior incidents.

Compulsory offer has no effect in certain circumstances

the offer is to provide medical indemnity cover for the health care professional under a contract of insurance; and

the offer complies with subsection (2).

The offer must be made to the health care professional’s legal personal representative if the health care professional has died.

the offer is made in writing; and

the offer remains open for acceptance by the client for a period of at least 28 days after the day on which the offer is made; and

the procedures for dealing with claims under the contract being offered are substantially the same as those provided for in:

the proposed regulated contract (if the offer is made for the purposes of section 22); or

the current regulated contract (if the offer is made for the purposes of section 23); and

the claims and incidents covered, and the exclusions from the claims and incidents covered, by the contract being offered are reasonable and appropriate having regard to:

the nature of the health care provided by the health care professional during the period or periods during which the incidents covered by the contract occurred; and

the kinds of claims and incidents that are usually covered by contracts of insurance that provide similar cover to the cover being offered; and

the kinds of exclusions that are usually provided for in contracts of insurance that provide similar cover to the cover being offered; and

any other relevant consideration; and

the offer specifies the premium payable by the client for the cover being offered; and

if the offer is made for the purposes of section 22—the premium payable by the client for the cover being offered is reasonable (see section 7A); and

if the offer is made for the purposes of section 23—the premium payable by the client for the cover does not exceed the amount specified in, or worked out in accordance with, the regulations; and

the other terms and conditions of the contract being offered comply with the requirements (if any) prescribed by the regulations for the purposes of this paragraph; and

the offer includes a clear, concise and effective explanation of:

the significant characteristics and features of the cover being offered; and

the significant rights, terms and conditions and obligations attaching to the cover being offered; and

the risks involved for the health care professional in not accepting the offer; and

the options that will be available to the health care professional if the health care professional does not accept the offer; and

any other matters prescribed by the regulations.

Premiums for run-off cover

the terms in which the offer is to be made; and

the time by which the offer must be made; and

the period for which the offer must be open for acceptance by the health care professional; and

the time from which the contract that results from the offer is to have effect if the offer is accepted.

the insurer is a medical indemnity insurer; and

(b) the insurer, or another medical indemnity insurer, has provided medical indemnity cover for a medical practitioner (the practitioner) who is an eligible practitioner; and

the insurer:

is the last medical indemnity insurer to have provided medical indemnity cover for the practitioner in relation to incidents occurring during a medical practice period of the practitioner; or

has taken over that last medical indemnity insurer; and

the insurer does not provide medical indemnity cover for the practitioner that satisfies all of the requirements of subsection (4); and

(e) in a case where a termination date has been set for the purposes of subsection 34ZB(3) of the Medical Indemnity Act 2002—the insurer’s failure to provide that medical indemnity cover occurs before that date.

may be medical indemnity cover provided to the practitioner or to someone else; and

need not be medical indemnity cover provided while the practitioner was an eligible practitioner.

When a medical indemnity insurer is taken over

that are claims in relation to incidents that occurred in the course of, or in connection with, the practitioner’s practice as a medical practitioner; and

with which the other medical indemnity insurer would, but for that assumption of responsibility, have been concerned because of the other medical indemnity insurer having provided medical indemnity cover to the person.

Requirements for medical indemnity cover

it covers incidents that occurred while the practitioner was registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners; and

the nature and range of incidents it covers is at least the same as the nature and range of incidents covered by the last medical indemnity cover provided for the practitioner; and

(c) the contract of insurance under which the medical indemnity cover is provided satisfies subparagraph 34E(1)(e)(ii) of the Medical Indemnity Act 2002; and

it is provided on the terms and conditions on which the last medical indemnity cover provided for the practitioner was provided, to the extent they are relevant to the provision of medical indemnity cover; and

it provides cover until the practitioner ceases to be an eligible practitioner; and

no premium or other consideration is payable for the medical indemnity cover by the person to whom it is provided.

Practitioner etc. need not apply for medical indemnity cover

in any case—the period during which the practitioner was not an eligible practitioner; and

if:

the practitioner was engaged in private medical practice at the time the practitioner was an eligible practitioner; and

all of the medical services provided in the course of that medical practice were services provided free of charge; and

the practitioner is no longer engaged in that medical practice;

the period during which the practitioner was engaged in that medical practice; and

if the practitioner:

was engaged in medical practice (other than private medical practice); and

was provided with medical indemnity cover in relation to incidents occurring during that medical practice; and

is no longer engaged in that medical practice;

the period during which the practitioner was engaged in that medical practice and in relation to which the practitioner was provided with that medical indemnity cover.

private medical practice has the same meaning as in the Medical Indemnity Act 2002.

the organisation is an MDO; and

(b) the organisation, or another MDO, has provided medical indemnity cover for a medical practitioner (the practitioner) who is an eligible practitioner; and

the organisation is not providing medical indemnity cover for the practitioner that complies with subsection 26A(4), or that would comply with that subsection if it were provided by a medical indemnity insurer under a contract of insurance; and

there is no medical indemnity insurer that is obliged under subsection 26A(1) to provide medical indemnity cover for the practitioner; and

the organisation:

is the last MDO to have provided relevant medical indemnity cover for the practitioner in relation to incidents occurring during a medical practice period of the practitioner; or

has taken over that last MDO; and

the organisation does not have an arrangement with a medical indemnity insurer under which the medical indemnity insurer is obliged to provide medical indemnity cover for the practitioner that satisfies all of the requirements of subsection 26A(4); and

(g) in a case where a termination date has been set for the purposes of subsection 34ZB(3) of the Medical Indemnity Act 2002—the MDO’s failure to have such an arrangement occurs before that date.

may be medical indemnity cover provided to the practitioner or to someone else; and

need not be medical indemnity cover provided while the practitioner was an eligible practitioner.

When an MDO is taken over

that are claims in relation to incidents that occurred in the course of, or in connection with, the practitioner’s practice as a medical practitioner; and

with which the other MDO would, but for that assumption of responsibility, have been concerned because of the other MDO having provided medical indemnity cover to the person.

Definitions

the insurer is a medical indemnity insurer; and

the insurer is obliged, under an arrangement of the kind referred to in paragraph 26B(1)(f), to provide medical indemnity cover for a medical practitioner; and

the insurer does not provide medical indemnity cover for the practitioner that satisfies all of the requirements of subsection 26A(4); and

(d) in a case where a termination date has been set for the purposes of subsection 34ZB(3) of the Medical Indemnity Act 2002—the insurer’s failure to provide that medical indemnity cover occurs before that date.

may be medical indemnity cover provided to the practitioner or to someone else; and

need not be medical indemnity cover provided while the practitioner was an eligible practitioner.

Practitioner etc. need not apply for medical indemnity cover

the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and

the insurer does not give to the person to whom the cover is provided a written notice stating:

the nature and range of incidents it covers; and

the terms and conditions on which it is provided.

the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and

the insurer does not, within the notification period, give to the Chief Executive Medicare a written notice stating:

the name of the practitioner for whom the medical indemnity cover is provided; and

the date from which the medical indemnity cover took effect; and

(iii) such other matters as are determined, by legislative instrument, by the Minister administering the Medical Indemnity Act 2002.

61 days; or

(b) such greater number of days as the Minister administering the Medical Indemnity Act 2002 determines by legislative instrument.

Offence—record-keeping

the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and

the insurer gives written notice as required by subsection (1) of this section to the person to whom the cover is provided; and

the insurer does not keep a copy of the notice for the period starting when the notice is given and ending 5 years after the insurer ceases to provide the cover.

the insurer; and

the person to whom the medical indemnity cover is provided;

under which the medical indemnity cover is provided.

despite the insurer not receiving any premium or other consideration for providing the medical indemnity cover; and

whether or not the medical indemnity cover was provided by means of the person to whom it was provided accepting an offer from the insurer to provide it.

the practitioner; or

ASIC; or

(c) the Minister administering the Medical Indemnity Act 2002.

the intermediary provides a financial service on or after 1 July 2003; and

in the course of providing that service, the intermediary:

arranges, or offers to arrange, for someone to enter into or renew a regulated insurance contract; or

recommends that someone enter into or renew a regulated insurance contract; and

either:

the regulated insurance contract breaches, or would breach, the minimum cover rules; or

the regulated insurance contract is a new regulated insurance contract and the insurer does not make a compulsory new contract offer in relation to the regulated insurance contract.