in relation to a run-off cover support payment—means a penalty payable under section 65.

(a) definition of medicare benefit;

(b) definition of net IBNR exposure.

states the Actuary’s assessment of the participating MDO’s IBNR exposure as at the end of the financial year; and

sets out the reasons for the assessment.

financial statements; and

a report prepared by a suitably qualified actuary assessing the participating MDO’s IBNR exposure as at the end of a financial year.

must be made in writing; and

must state what information the participating MDO is to give to the Chief Executive Medicare; and

may require the information to be verified by statutory declaration; and

must specify the day on or before which the information must be given; and

must contain a statement to the effect that a failure to comply with the request is an offence.

be given to the Chief Executive Medicare on or before the day on which the run-off cover support payment becomes due and payable under section 61.

subsection 27B(1); or

subsection 27C(3); or

30 June in the contribution year; or

such other day as is specified in the rules as the payment day for the contribution year either generally for all people, for the class of people that includes the person or for the person, as the case may be.

a late payment penalty in relation to a run-off cover support payment for a contribution year;

stating that a person is liable to pay:

a run-off cover support payment; or

a late payment penalty in relation to a run-off cover support payment; and

(d) the repealed Medical Indemnity (UMP Support Payment) Act 2002.

all the claims are made against the same person; and

all the claims are made in relation to the same incident or series of related incidents; and

either:

all the claims are part of the same class action or representative proceeding; or

the incident, or series of related incidents, occurred in connection with a pregnancy or the birth of a child or children; and

the application is the only application for a high cost claim indemnity or allied health high cost claim indemnity that has been made in relation to any of the claims; and

none of the claims are eligible related claims in relation to another claim for which an application for a high cost claim indemnity or allied health high cost claim indemnity has been made.

the MDO or insurer is first notified of:

the incident; or

the claim; or

an eligible related claim;

the MDO or insurer has a qualifying payment in relation to the claim, or qualifying payments in relation to:

the claim; or

the claim and one or more eligible related claims; and

the amount of the qualifying payment, or the sum of the amounts of the qualifying payments, exceeds what was the high cost claim threshold at the earliest of the following times:

when the MDO or insurer was first notified of the incident;

when the MDO or insurer was first notified of the claim;

when the MDO or insurer was first notified of an eligible related claim; and

to have been notified of the incident, claim or eligible related claim when the insurer was first notified of the incident, claim or eligible related claim; and

an incident that occurred before that commencement; or

a series of related incidents, at least one of which occurred before that commencement;

any claim made after the commencement of this item against a person who has retired permanently from private medical practice; and

any requirement under Division 2A of Part 3 of the PSPS Act to provide medical indemnity cover after the commencement of this item for a person who has retired permanently from private medical practice;

(a) before the commencement of this item, a person has retired permanently from private medical practice (Medical Indemnity Act 2002 as in force immediately before that commencement); andwithin the meaning of subsection 34ZB(5) of the

before that commencement, the person accepted:

an offer to provide medical indemnity cover made because an event mentioned in paragraph 23(1)(b) of the PSPS Act occurred; or

an offer to renew cover mentioned in subparagraph (i); and

the cover mentioned in paragraph (b) has not ceased before that commencement; and

at that commencement, the person is aged less than 65 years;

the Chief Executive Medicare requests the person who applied for the certificate to give information under section 38 in relation to the application; and

the person does not give the information to the Chief Executive Medicare by the end of the day specified in the request.

the Chief Executive Medicare requests the MDO or insurer who made the application to give information under section 38 in relation to the application; and

the MDO or insurer does not give the information to the Chief Executive Medicare by the end of the day specified in the request.

premium costs for medical indemnity cover provided by contracts of insurance with the insurer;

the income of medical practitioners, or persons who practise an allied health profession, for whom contracts of insurance with the insurer provide medical indemnity cover;

the profitability of the insurer;

the insurer’s reinsurance arrangements and costs.

making a decision;

exercising any power or complying with any obligation;

doing anything else that relates to making a decision or exercising a power or complying with an obligation.

the Chief Executive Medicare;

(b) an SES employee, or an acting SES employee, in the Department or the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.

the Secretary;

the Chief Executive Medicare;

the Actuary;

the Australian Prudential Regulation Authority;

the Australian Securities and Investments Commission.

a person mentioned in subsection (2A) of this section;

a person conducting the evaluation;

a person assisting a person to conduct the evaluation.

the stability of the medical indemnity insurance industry; and

the affordability of medical indemnity insurance.

premium costs for midwife professional indemnity cover provided by contracts of insurance with the insurer;

the income of eligible midwives for whom contracts of insurance with the insurer provide midwife professional indemnity cover;

the profitability of the insurer;

the insurer’s reinsurance arrangements and costs.

making a decision;

exercising any power or complying with any obligation;

doing anything else that relates to making a decision or exercising a power or complying with an obligation.

the Chief Executive Medicare;

(b) an SES employee, or an acting SES employee, in the Department or the Department administered by the Minister administering the Human Services (Centrelink) Act 1997.

the Secretary;

the Chief Executive Medicare;

the Actuary;

the Australian Prudential Regulation Authority;

the Australian Securities and Investments Commission.

a person mentioned in subsection (2A) of this section;

a person conducting the evaluation;

a person assisting a person to conduct the evaluation.

(a) definition of High Cost Claims Protocol;

(b) definition of IBNR Claims Protocol.

(a) definition of unfunded IBNR exposure;

(b) definition of unfunded IBNR factor.

making payments to MDOs and insurers of claim handling fees; and

making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise);

making payments to MDOs and insurers of claim handling fees; and

making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise);

making payments to MDOs and medical indemnity insurers of claim handling fees in respect of eligible run-off claims; and

making payments on account of legal, administrative or other costs incurred by MDOs and medical indemnity insurers (whether on their own behalf or otherwise) in respect of eligible run-off claims; and

(c) making payments on account of legal, administrative or other costs incurred by medical indemnity insurers (whether on their own behalf or otherwise) in respect of complying with Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.Division 2A of Part 3 of the

determining its IBNR exposure as at the end of a financial year;

making payments to:

medical practitioners; or

medical indemnity insurers on behalf of medical practitioners;

making payments to:

medical practitioners; or

medical indemnity insurers on behalf of medical practitioners;

making payments to medical indemnity insurers to help the medical indemnity insurers meet the cost of administering schemes provided for under paragraph (a).

any amount payable to the Commonwealth to be recovered as a debt.

allied health high cost claim indemnities; and

allied health exceptional claims indemnities; and

amounts payable under regulations made for the purposes of section 27A (IBNR claims payments), 34AA (high cost claims payments), 34X (exceptional claims payments), 34ZN (run-off claims payments), 34ZZG (allied health high cost claims payments) or 34ZZZD (allied health exceptional claims payments); and

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

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

(a) the definition of participating MDO in subsection 4(1) of the Medical Indemnity Act 2002; and

Division 1 of Part 2 (other than sections 24 and 27 and Subdivision F) of that Act;

that section; and

any regulations made for the purposes of that section;

any claim made after the commencement of this item; and

(b) any requirement under Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 to provide medical indemnity cover (within the meaning of that Act) after commencement of this item.Division 2A of Part 3 of the

that section; and

any regulations made for the purposes of that section;

that section; and

any regulations made for the purposes of that section;

that section; and

any regulations made for the purposes of that section;

the amendments or repeals made by this Act; or

the repeal (whether by this Act or otherwise) of any instrument made under an Act amended or repealed by this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

practice consisting of treatment of public patients in a public hospital; or

practice for which:

the Commonwealth, a State or a Territory; or

a local governing body; or

an authority established under a law of the Commonwealth, a State or a Territory;

practice conducted wholly outside both Australia and the external Territories; or

practice of a kind specified in the rules.

in relation to a contract of insurance between the practitioner and the insurer to provide professional indemnity cover, the practitioner:

(i) failed to comply with the duty of the utmost good faith (within the meaning of the Insurance Contracts Act 1984); or

failed to comply with the duty of disclosure (within the meaning of that Act); or

made a misrepresentation to the insurer during the negotiations for the contract but before it was entered into; or

failed to comply with a provision of the contract, including a provision with respect to payment of the premium; or

made a fraudulent claim under the contract; or

the practitioner places the public at risk of substantial harm in the practitioner’s private medical practice because the practitioner has an impairment (within the meaning of the Health Practitioner Regulation National Law); or

the practitioner’s private medical practice poses an unreasonable risk of substantial harm to the public or patients; or

the practitioner poses an unreasonable risk of harm to members of the insurer’s staff because of persistent threatening or abusive behaviour towards members of the insurer’s staff; or

the practitioner has persistently failed to comply with reasonable risk management requirements of the insurer; or

the circumstances specified in the rules apply.

the information that must be included in the notification; and

a time within which the insurer must notify.

to reflect that, because the practitioner engages, or has engaged, in conduct that deviates from good medical practice, the practitioner’s private medical practice is likely to pose a higher risk to patients than similar practices (see subsection (2)); or

in circumstances specified in the rules.

specified in the rules; or

worked out in accordance with a method specified in the rules.

identify the amount of the risk surcharge; and

state the reason for requiring payment of the risk surcharge;

(a) a contract of insurance between the insurer and the practitioner provides professional indemnity cover (the initial cover); and

(b) the insurer refuses to enter into a contract of insurance with the practitioner to provide professional indemnity cover (the subsequent cover) starting after the initial cover ceases; and

the practitioner makes a complaint to AFCA in relation to the refusal; and

the initial cover, or professional indemnity cover provided as a result of an offer made for the purposes of this section, ceases before the complaint finalisation date.

the day the subsequent cover starts; and

the day 60 days after the complaint is finalised.

the complaint is resolved by agreement between the insurer and the practitioner; or

the complaint is withdrawn; or

AFCA closes the complaint because:

it has excluded the complaint, or decided not to continue to consider the complaint, and the timeframe in which the practitioner may object to the decision has expired; or

it has made a preliminary assessment in relation to the complaint and the timeframe for requesting a determination of the complaint has expired; or

it has determined the complaint; or

the complaint otherwise ceases to be dealt with by AFCA.

a refusal by the insurer to enter into a contract of insurance with a medical practitioner to provide professional indemnity cover;

a requirement by the insurer that a medical practitioner pay a risk surcharge.

the number of times in the financial year the insurer refused to enter into a contract of insurance with a medical practitioner to provide professional indemnity cover; and

any other matter that relates to the insurer’s obligations under Division 2 and that is specified in the rules.

the number of times in the financial year the insurer required a medical practitioner to pay a risk surcharge; and

any other matter that relates to the insurer’s obligations under Division 2 and that is specified in the rules.

if the Secretary has approved a form for the purposes of the notification—the person fails to notify the Secretary of the matter in the approved form within that period; or

otherwise—the person fails to notify the Secretary of the matter within that period.

the number of times in a period the insurer refused to enter into a contract of insurance with a medical practitioner to provide professional indemnity cover;

the number of times in a period the insurer required a medical practitioner to pay a risk surcharge;

any other information that relates to the insurer’s obligations under Division 2 and that is specified in the rules.

must be made in writing; and

may require the information to be verified by statutory declaration; and

must specify the day on or before which the information must be given; and

must contain a statement to the effect that a failure to comply with the request is an offence.

whether or not a request to enter into a contract is made; and

if a request to enter into a contract is made—whether it is made before or after the commencement of this item.

meeting part of the costs of large settlements or awards paid by organisations that indemnify persons who practise allied health professions; and

meeting the amounts by which settlements and awards exceed insurance contract limits, if those contract limits meet the Commonwealth’s threshold requirements.

a health profession within the meaning of the Health Practitioner Regulation National Law, other than the medical profession; or

specified in the rules.

to the extent it is conducted on the person’s behalf by an insurer, or by a legal practitioner engaged by an insurer—the defence is conducted to a standard that is consistent with the insurer’s usual standard for the conduct of the defence of claims; and

to the extent it is conducted by the person, or by a legal practitioner engaged by the person—the defence is conducted prudently.

an allied health exceptional claims indemnity.

in relation to a debt owed under section 34ZZZ—means a penalty payable under section 34ZZZC; and

incurred by the insurer in relation to a claim against the practitioner; or

paid or payable by the practitioner or another person in relation to a claim against the practitioner;

if there are deductibles—see section 8B; or

if a high cost claim indemnity or a run-off cover indemnity is paid or payable—see section 34D; or

if the insurer is a Chapter 5 body corporate—see subsection (4); or

if the claim relates to a series of incidents some, but not all, of which occurred in the course of the provision of treatment to a public patient in a public hospital—see section 34N; or

if the claim relates to a series of incidents some, but not all, of which occurred after the exceptional claims termination date—see section 34O.

it is specified in the rules; and

it is party to contracts of insurance that provide medical indemnity cover for medical practitioners; and

it is party to contracts of insurance that provide medical indemnity cover for persons who practise an allied health profession.

$2 million; or

such other amount as is specified in the rules.

(a) a claim is, or was, made against a person (the practitioner); and

the claim relates to:

an incident that occurs or occurred; or

a series of related incidents that occur or occurred;

if the allied health profession is midwifery:

the incident occurs or occurred; or

all of the incidents in the series occur or occurred;

either:

the incident occurs or occurred; or

one or more of the incidents in the series occurs or occurred;

either:

the incident occurs or occurred; or

all of the incidents in the series occur or occurred;

the MDO or insurer is first notified of:

the incident; or

the claim; or

an eligible related claim;

the MDO or insurer has a qualifying allied health payment in relation to the claim, or qualifying allied health payments in relation to:

the claim; or

the claim and one or more eligible related claims; and

the amount of the qualifying allied health payment, or the sum of the amounts of the qualifying allied health payments, exceeds what was the allied health high cost claim threshold at the earliest of the following times:

when the MDO or insurer was first notified of the incident;

when the MDO or insurer was first notified of the claim;

when the MDO or insurer was first notified of an eligible related claim; and

a high cost claim indemnity is not payable in relation to the claim; and

any other requirements (however described) that are specified in the rules have been met.

the MDO or insurer:

pays an amount in relation to the claim; or

is liable to pay an amount in relation to a payment or payments that someone makes, or is liable to make, in relation to the claim under a written agreement between the parties to the claim; or

is liable to pay an amount in relation to a payment or payments that someone makes, or is liable to make, in relation to the claim under a judgment or order of a court that is not stayed and is not subject to appeal; or

is a Chapter 5 body corporate and is liable to pay a provable amount in relation to the claim; and

the MDO or insurer pays, or is liable to pay, the amount under an insurance contract or other indemnity arrangement between the MDO or insurer and the practitioner; and

the MDO or insurer:

pays, or becomes liable to pay, the amount in the ordinary course of the MDO’s or the insurer’s business; or

is a Chapter 5 body corporate and would be able to pay the amount in the ordinary course of the MDO’s or the insurer’s business if it were not a Chapter 5 body corporate.

an eligible MDO pays, or is liable to pay, an amount in relation to a claim that relates to an incident or a series of incidents; and

(b) an eligible insurer also pays, or is also liable to pay, an amount (the insurer amount) in relation to the same claim or in relation to an eligible related claim; and

but for this section, an allied health high cost claim indemnity in respect of the insurer amount:

would be payable to the insurer under subsection 34ZZB(1); or

would be payable to the insurer under that subsection if paragraph 34ZZB(1)(h) were omitted; and

the insurer elects in writing to have this section apply to the insurer amount.

the MDO is taken:

to have paid, or to be liable to pay, the insurer amount in relation to the claim or eligible related claim; and

to satisfy paragraphs 34ZZB(1)(g) and (4)(a) to (c) in relation to the insurer amount; and

to have been notified of the incident, claim or eligible related claim when the insurer was first notified of the incident, claim or eligible related claim; and

an allied health high cost claim indemnity is not payable to the insurer in respect of the insurer amount.

the incident, or all the incidents, to which the claim relates occurred in the course of the provision of treatment to a public patient in a public hospital; or

the claim is specified in the rules; or

the claim relates to an incident specified in the rules.

an MDO or insurer makes, or is liable to make, a payment in relation to a claim against a person in relation to a series of related incidents; and

some, but not all, of the incidents occurred in the course of the provision of treatment to a public patient in a public hospital.

50%; or

such other percentage as is specified in the rules;

making payments to eligible MDOs and eligible insurers of claim handling fees; and

making payments on account of legal, administrative or other costs incurred by eligible MDOs and eligible insurers (whether on their own behalf or otherwise);

make provision for:

the conditions that must be satisfied for an amount to be payable to an eligible MDO or eligible insurer; and

the amount that is payable; and

the conditions that must be complied with by an eligible MDO or eligible insurer to which an amount is paid; and

other matters related to the making of payments, and the recovery of overpayments; and

provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under regulations made for the purposes of this section; and

make provision for making payments on account of legal, administrative or other costs incurred by eligible MDOs and eligible insurers (whether on their own behalf or otherwise), in respect of incidents notified to eligible MDOs and eligible insurers that could give rise to claims in relation to which an allied health high cost claim indemnity could be payable.

whether an MDO or insurer is entitled to a payment under regulations made for the purposes of section 34ZZG; or

the amount that is payable to an MDO or insurer under regulations made for the purposes of section 34ZZG;

an eligible MDO;

an eligible insurer;

a member or former member of an eligible MDO;

a person who practises, or used to practise, an allied health profession;

a person who is acting, or has acted, on behalf of a person covered by paragraph (d);

a legal personal representative of a person covered by paragraph (c), (d) or (e).

must be made in writing; and

must state what information must be given to the Chief Executive Medicare; and

may require the information to be verified by statutory declaration; and

must specify a day on or before which the information must be given; and

must contain a statement to the effect that a failure to comply with the request is an offence.

the liability relates to a claim against the person in relation to an incident that occurs in the course of, or in connection with, the practice by the person of an allied health profession, being a claim that has been certified as a qualifying allied health claim; and

the liability exceeds the amount payable under an insurance contract with an eligible insurer that has a contract limit satisfying the relevant allied health threshold.

(a) the claim is a claim that is or was made against a person (the practitioner); and

the claim relates to:

an incident that occurs or occurred; or

a series of related incidents that occur or occurred;

if the allied health profession is midwifery:

the incident occurs or occurred; or

all of the incidents in the series occur or occurred;

except in the circumstances specified in rules made for the purposes of this paragraph, either:

the incident occurs or occurred; or

one or more of the incidents in the series occurs or occurred;

either:

the incident occurs or occurred; or

all of the incidents in the series occur or occurred;

the incident did not occur, or the incidents did not all occur, in the course of the provision of treatment to a public patient in a public hospital; and

there is a contract of insurance in relation to which the following requirements are satisfied:

the contract provides medical indemnity cover for the practitioner in relation to the claim, or would, but for the practitioner’s contract limit, provide such cover for the practitioner in relation to the claim;

the practitioner’s contract limit equals or exceeds the relevant allied health threshold (see section 34ZZL);

the insurer is an eligible insurer;

the insurer entered into the contract in the ordinary course of the insurer’s business; and

if a termination date for the allied health exceptional claims indemnity scheme is set (see section 34ZZM), the incident, or one or more of the incidents, to which the claim relates occurred before the allied health termination date; and

the claim is not a claim specified in rules made for the purposes of this paragraph; and

the contract of insurance is not a contract specified in rules made for the purposes of this paragraph; and

a person has applied for the certificate in accordance with section 34ZZN; and

the Chief Executive Medicare could not issue a qualifying claim certificate in relation to the claim if an application for the certificate were made in accordance with section 34H.

identify:

the practitioner; and

the claim; and

the contract of insurance in relation to which paragraph (1)(g) is satisfied; and

specify the relevant allied health threshold.

be made in writing using a form approved by the Chief Executive Medicare; and

be accompanied by the documents and other information required by the form approved by the Chief Executive Medicare.

the Chief Executive Medicare requests the person who applied for the certificate to give information under section 38 in relation to the application; and

the person does not give the information to the Chief Executive Medicare by the end of the day specified in the request.

a qualifying allied health claim certificate is in force in relation to a claim; and

a person becomes aware that the information provided to the Chief Executive Medicare in connection with the application for the certificate was incorrect or incomplete, or is no longer correct or complete; and

the person is:

the person who applied for the certificate; or

another person who has applied for a payment of allied health exceptional claims indemnity, or for a payment under regulations made for the purposes of section 34ZZZD (allied health exceptional claims payments), in relation to the claim;

be made in writing; and

be given to the Chief Executive Medicare within 28 days after the person becomes aware as mentioned in subsection (1).

the making of rules for the purpose of paragraph 34ZZK(1)(i) or (j); or

changes to the terms and conditions of the contract of insurance identified in the certificate.

the Chief Executive Medicare revokes a qualifying allied health claim certificate; and

an amount of allied health exceptional claims indemnity has already been paid in relation to the claim;

the Chief Executive Medicare varies a qualifying allied health claim certificate; and

an amount of allied health exceptional claims indemnity has already been paid in relation to the claim, and that amount exceeds the amount that would have been paid if the amount of indemnity had been determined having regard to the certificate as varied;

(a) a claim for compensation or damages (the current claim) is, or was, made against the practitioner by another person; and

a qualifying allied health claim certificate is in force in relation to the current claim; and

the liability is a qualifying allied health liability of the practitioner in relation to the current claim (see section 34ZZS); and

because of the practitioner’s contract limit in relation to the contract of insurance identified in the qualifying allied health claim certificate, the contract does not cover, or does not fully cover, the liability; and

the amount that, if the practitioner’s contract limit had been high enough to cover the whole of the liability, the insurer would (subject to the other terms and conditions of the contract) have been liable to pay under the contract of insurance in relation to the liability exceeds the actual amount (if any) that the insurer has paid or is liable to pay under the contract in relation to the liability; and

the aggregate of:

the amount (if any) the insurer has paid, or is liable to pay, in relation to the liability under the contract of insurance; and

the other amounts (if any) that the insurer has already paid, or has already become liable to pay, under the contract in relation to the current claim; and

the amounts (if any) that the insurer has already paid, or has already become liable to pay, under the contract in relation to any other claim against the practitioner that relates to an incident, or series of related incidents, covered by subsection (2) (being other claims that were first notified to the insurer no later than the time the current claim was notified to the insurer);

a person has applied for the indemnity in accordance with section 37A.

if there are deductibles—see section 8B; or

if an allied health high cost claim indemnity is paid or payable—see section 34ZZJ; or

if the insurer is a Chapter 5 body corporate—see subsection (6); or

if the claim relates to a series of incidents some, but not all, of which occurred in the course of the provision of treatment to a public patient in a public hospital—see section 34ZZT; or

if the claim relates to a series of incidents some, but not all, of which occurred after the allied health termination date—see section 34ZZU.

on or after 1 July 2020; and

in the course of, or in connection with:

practice by the practitioner of an allied health profession other than midwifery; or

practice by the practitioner of midwifery, if the practice is of a kind in relation to which eligible midwives 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).

a reference in paragraphs (1)(e) and (f) to an amount that the insurer is liable to pay under a contract of insurance is a reference to an amount that the insurer is liable to pay under the contract and that is a provable amount; and

a reference in subsection (5) to an amount that an insurer is liable to pay in the ordinary course of the insurer’s business is a reference to an amount that the insurer is liable to pay, and would be able to pay in the ordinary course of the insurer’s business if it were not a Chapter 5 body corporate.

a decision to refuse an application for allied health exceptional claims indemnity;

a decision to pay a particular amount of allied health exceptional claims indemnity.

one of the following applies:

the liability is under a judgment or order of a court in relation to the claim, being a judgment or order that is not stayed and is not subject to appeal;

the liability is under a settlement of the claim that takes the form of a written agreement between the parties to the claim;

the liability is some other kind of liability of the practitioner (for example, a liability to legal costs) that relates to the claim; and

the defence of the claim against the practitioner was conducted appropriately up to the time when:

if the liability is under a judgment or order of a court—the date on which the judgment or order became a judgment or order that is not stayed and is not subject to appeal; or

if the liability is under a settlement of the claim—the date on which the settlement agreement was entered into; or

if the liability is some other kind of liability—the date on which the liability was incurred; and

if the liability is under a settlement of the claim, or is under a consent order made by a court—a legal practitioner has given a statutory declaration certifying that the amount of the liability is reasonable.

a claim against a person relates to a series of incidents; and

some, but not all, of the incidents occurred in the course of the provision of treatment to a public patient in a public hospital;

a claim against a person relates to a series of incidents; and

some, but not all, of the incidents occurred after the allied health termination date;

apply so much of the indemnity as equals the undischarged amount of the liability towards the discharge of the liability; and

if the recipient is not the practitioner—deal with the balance of the indemnity in accordance with the directions of the practitioner.

by the time specified in a written direction (whether contained in the payment notice or otherwise) given to the recipient by the Chief Executive Medicare; or

if no such direction is given to the recipient—as soon as practicable after the indemnity is received by the recipient.

by action by the Chief Executive Medicare against the recipient in a court of competent jurisdiction; or

under section 42.

if the indemnity has not yet been dealt with in accordance with whichever of subsections 34ZZW(3) and (4) applies—the recipient referred to in subsection 34ZZW(1); or

if the indemnity has been dealt with in accordance with whichever of those subsections applies—the practitioner referred to in subsection 34ZZW(1).

the recipient and the practitioner referred to in subsection 34ZZW(1) are not the same person; and

when the overpayment is recovered as a debt, the liable person is the recipient;

(a) an amount (the insurance payment) has been paid under a contract of insurance that provides medical indemnity cover for a person (the practitioner) in relation to a liability of the practitioner; and

another amount (not being an amount referred to in subsection (2)) has been paid to the practitioner, the insurer or another person in relation to the incident or incidents to which the liability relates; and

the other amount was not taken into account in working out the amount of the insurance payment; and

if the other amount had been taken into account in working out the amount of the insurance payment, a lesser amount would have been paid under the contract of insurance in relation to the liability;

an amount paid to an insurer by another insurer under a right of contribution;

a payment of allied health high cost claim indemnity;

an amount of a kind specified in the rules for the purposes of this paragraph.

(a) an amount (the actual indemnity amount) of allied health exceptional claims indemnity has been paid in relation to a qualifying allied health liability that relates to a claim made against a person (the practitioner); and

another amount (not being an amount referred to in subsection (5)) is paid to the practitioner, an insurer or another person in relation to the incident or incidents to which the claim relates, or in relation to one or more other incidents; and

the other amount was not taken into account in calculating the actual indemnity amount; and

(d) if the other amount had been so taken into account, a lesser amount (the reduced indemnity amount, which could be zero) of allied health exceptional claims indemnity would have been paid in relation to the liability.

the recipient and the practitioner referred to in subsection 34ZZW(1) are not the same person; and

the practitioner becomes the liable person;

by action by the Chief Executive Medicare against the liable person in a court of competent jurisdiction; or

under section 42.

an amount paid to an insurer by another insurer under a right of contribution;

a payment of allied health high cost claim indemnity;

an amount of a kind specified in the rules for the purposes of this paragraph.

(a) an amount of allied health exceptional claims indemnity has been paid in relation to a qualifying allied health liability that relates to a claim made against a person (the practitioner); and

(b) the person (the applicant) who applied for the allied health exceptional claims indemnity becomes aware that another amount has been paid to the practitioner, an insurer or another person in relation to the incident or incidents to which the claim relates, or in relation to one or more other incidents; and

because of the payment of the other amount, there is an amount overpaid as described in subsection 34ZZZ(2);

be in writing; and

be given to the Chief Executive Medicare within 28 days after the applicant becomes aware that the other amount has been paid.

(a) an amount of allied health exceptional claims indemnity has been paid in relation to a qualifying allied health liability that relates to a claim made against a person (the practitioner); and

another amount is paid to the practitioner, an insurer or another person in relation to the incident or incidents to which the claim relates, or in relation to one or more other incidents; and

because of the payment of the other amount, there is an amount overpaid as described in subsection 34ZZZ(2);

the amount overpaid, and that it is a debt owed to the Commonwealth under subsection 34ZZZ(3); and

the day before which the amount must be paid to the Commonwealth; and

the effect of section 34ZZZC.

a person owes a debt to the Commonwealth under subsection 34ZZZ(3); and

the debt remains wholly or partly unpaid after it becomes due and payable;

at the rate specified in the rules for the purposes of this paragraph; and

on the unpaid amount; and

for the period:

starting when the amount becomes due and payable; and

ending when the amount, and the penalty payable under this section in relation to the amount, have been paid in full.

the recipient and the practitioner referred to in subsection 34ZZW(1) are not the same person; and

the practitioner becomes the liable person; and

the recipient has or had a liability under this section to pay late payment penalty;

make provision for:

the conditions that must be satisfied for an amount to be payable to an eligible insurer; and

the amount that is payable; and

the conditions that must be complied with by an eligible insurer to which an amount is paid; and

other matters related to the making of payments, and the recovery of overpayments; and

provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under regulations made for the purposes of this section; and

make provision for making payments on account of legal, administrative or other costs incurred by eligible insurers (whether on their own behalf or otherwise), in respect of incidents notified to eligible insurers that could give rise to claims in relation to which an allied health exceptional claims indemnity could be payable.

whether an insurer is entitled to a payment under regulations made for the purposes of section 34ZZZD; or

the amount that is payable to an insurer under regulations made for the purposes of section 34ZZZD;

an MDO;

an eligible insurer;

a member or former member of an MDO;

a person who practises, or used to practise, an allied health profession;

a person who is acting, or has acted, on behalf of a person covered by paragraph (d);

a legal personal representative of a person covered by paragraph (c), (d) or (e).

must be made in writing; and

must state what information must be given to the Chief Executive Medicare; and

may require the information to be verified by statutory declaration; and

must specify a day on or before which the information must be given; and

must contain a statement to the effect that a failure to comply with the request is an offence.

a specified class of claims; or

a specified class of contracts of insurance; or

a specified class of situations in which a liability is, whether wholly or partly, covered by more than one contract of insurance.

to count the liability as a qualifying allied health liability (even though subparagraph 34ZZS(a)(i) may not be satisfied in relation to the order); and

to deal with what happens if, as a result of the appeal or another appeal, the amount paid later becomes wholly or partly repayable; and

to deal with what happens if the amount paid is later applied towards a liability that is confirmed as a result of the appeal or another appeal.

(a) an application (the certificate application) for the issue of a qualifying claim certificate or a qualifying allied health claim certificate in relation to a claim; and

(b) an application (the indemnity application) for an exceptional claims indemnity or allied health exceptional claims indemnity in relation to the same claim;

the recipient and the practitioner are not the same person; and

the practitioner becomes the liable person;

subsection 34ZZH(1); or

subsection 34ZZZE(1); or

(ab) any right the insurer may have to an allied health high cost claim indemnity under the Medical Indemnity Act 2002;