Commonwealth Numbered Acts

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MEDICAL INDEMNITY ACT 2002 No. 132, 2002 - SECT 19

Exceptions
An IBNR indemnity is not payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim against a person if:

(a)
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
(b)
a determination by the HIC is in force under section 53 in relation to the person; or
(c)
the payment is an insurer-to-insurer payment; or
(d)
the payment is a payment prescribed by the regulations for the purposes of this section.


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