MEDICAL INDEMNITY ACT 2002 - SECT 5 Medical defence organisation (MDO)

MEDICAL INDEMNITY ACT 2002 - SECT 5

  (1)   An MDO is a body corporate that is an MDO under subsection   (2) or (3) or rules made for the purposes of subsection   (4).

  (2)   Subject to rules made for the purposes of subsection   (5), a body corporate is an MDO if:

  (a)   the body corporate is incorporated by or under a law of the Commonwealth, a State or a Territory; and

  (b)   the body corporate was in existence on 30   June 2002; and

  (c)   the body corporate, in the ordinary course of its business as at 30   June 2002, indemnified persons in relation to claims in relation to incidents that occurred in the course of, or in connection with, the practice of a medical profession by the persons; and

  (d)   did so only if the persons were one of the following:

  (i)   members or former members of the body corporate;

  (ii)   the legal personal representatives of members or former members of the body corporate.

This is so even if the indemnity is one that is provided at the body corporate's discretion.

  (3)   Subject to rules made for the purposes of subsection   (5), each of the bodies corporate listed in the following table is an MDO :

  (4)   The rules may provide that a body corporate specified in the rules is an MDO .

  (5)   The rules may provide that a body corporate specified in the rules is not an MDO for the purposes of this Act.