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MEDICAL INDEMNITY LEGISLATION AMENDMENT ACT 2005 NO. 25, 2005 - SCHEDULE 3

- Other amendments

Medical Indemnity Act 2002

1 Subsection 4(1)

Insert:

"Federal Register of Legislative Instruments" means the Federal Register of Legislative Instruments established under the Legislative Instruments Act 2003 .

2 Paragraph 8(2)(d)

Repeal the paragraph, substitute:

(d) the MDO:
(i) was not notified of the occurrence of the incident; and
(ii) was not notified of any claim against or by the person in relation to the incident;
before 1 July 2002.
3 Paragraph 14(d)

Repeal the paragraph, substitute:

(d) the MDO:
(i) was not notified of the occurrence of the incident; and
(ii) was not notified of any claim against or by the person in relation to the incident;
before 1 July 2002; and
4 Subsection 29(2)

Repeal the subsection, substitute:

(2)
Regulations that specify an amount for the purposes of paragraph (1)(b) that increases the high cost claim threshold at the time the regulations are entered on the Federal Register of Legislative Instruments must not take effect earlier than 12 months after the day on which the regulations are so entered.

5 Paragraph 30(1)(a)

Repeal the paragraph, substitute:

(a) a claim is, or was, made against a person (the practitioner ); and
6 Paragraph 30(1)(d)

Omit "becomes aware" (wherever occurring), substitute "is first notified".

7 Paragraph 30(1)(f)

Omit "the high cost claim threshold.", substitute "what was the high cost claim threshold at the time the MDO or insurer was first notified of the claim or the incident; and".

8 After paragraph 30(1)(f)

Insert:

(g) any other requirements (however described) that are specified in the regulations have been met.
9 After subsection 30(1)

Insert:

(1A)
Regulations made for the purposes of paragraph (1)(g) do not apply in relation to an incident if the claim relating to the incident was made before the regulations in question take effect.

10 Subsection 30(3)

Omit "are notified in the Gazette ", substitute "in question are entered on the Federal Register of Legislative Instruments".

11 Subsection 34(2)

Repeal the subsection, substitute:

(2)
Regulations that specify for the purposes of paragraph (1)(b) a percentage that is less than the percentage in force at the time the regulations are entered on the Federal Register of Legislative Instruments must not take effect earlier than 12 months after the day on which the regulations are so entered.

12 Paragraph 34E(1)(a)

Repeal the paragraph, substitute:

(a) the claim is a claim that is or was made against a person (the practitioner ); and
13 Subsections 34F(3) and (4)

Omit "notified in the Gazette ", substitute "entered on the Federal Register of Legislative Instruments".

14 Subsection 34G(2)

Omit "notified in the Gazette ", substitute "entered on the Federal Register of Legislative Instruments".

15 Subparagraphs 34L(1)(f)(ii) and (iii)

Omit "already paid by the insurer", substitute "that the insurer has already paid, or has already become liable to pay,".

16 At the end of subparagraph 34L(1)(f)(iii)

Add "(being other claims that were first notified to the insurer no later than the time the current claim was notified to the insurer)".

17 Subparagraphs 43(1)(a)(ii) and (aa)(ii)

Omit "medical indemnity insurers and MDOs", substitute "medical indemnity providers".

18 Paragraph 43(1)(b)

Omit "medical indemnity insurers and MDOs" (wherever occurring), substitute "medical indemnity providers".

19 Paragraphs 43(2)(d) and (e)

Omit "medical indemnity insurers or MDOs", substitute "medical indemnity providers".

20 At the end of section 43

Add:

(5)
In this section:

"medical indemnity provider" means:

(a) an MDO; or
(b) a medical indemnity insurer; or
(c) any other body that provides medical indemnity cover (within the meaning of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 ).
21 Application of amendments of section 43

Payments of subsidy under a scheme formulated under section 43 of the Medical Indemnity Act 2002 as amended by this Act may be made in relation to costs incurred before the commencement of this item if:

(a) the payments are made to bodies of the kind referred to in paragraph (c) of the definition of medical indemnity provider in subsection 43(5) of that Act; and
(b) the costs were incurred after the commencement of the Medical Indemnity Act 2002 .



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