New South Wales Consolidated Acts

HEALTH CARE LIABILITY ACT 2001 - SECT 22

22 Requirements that may be imposed by insurance regulation order

(1) The Minister may, by order published in the Gazette, impose requirements (in addition to those referred to in section 21) on an insurer who provides approved professional indemnity insurance.

(2) Without limiting the requirements that may be imposed by an insurance regulation order, such an order may require an insurer to do any one or more of the following:

(a) to provide professional indemnity insurance in respect of all categories of specialty medical practice,

(b) to avoid engaging in conduct that would discourage medical practitioners of a particular category of specialty medical practice from obtaining professional indemnity insurance from the insurer,

(c) to provide professional indemnity insurance in accordance with specified rate relativities between different categories of medical practitioner,

(d) to comply with such arrangements as may be specified for the distribution between insurers of the cost of covering the civil liability of medical practitioners (who are covered by approved professional indemnity insurance) in relation to health care claims of a specified category (for example, claims involving substantial care costs for severe injury), including the making of contributions between insurers to enable the distribution of that cost,

(e) to refuse or withdraw professional indemnity insurance only in such circumstances as are described or referred to in the order,

(f) to comply with specified standards (including standards relating to risk management and claims handling).