New South Wales Consolidated Acts

HEALTH CARE LIABILITY ACT 2001 - SECT 25

25 Professional indemnity insurance for certain other health practitioners

(1) This section applies to or in respect of a person who is a health practitioner only if the regulations have declared that this section applies to the class of health practitioner of which the person is a member.

(2) A person is not entitled to practise as a health practitioner unless the person is covered by professional indemnity insurance.

(3) Accordingly, the appropriate registration authority:

(a) must not register a person as a health practitioner unless the authority is satisfied that the person will, while practising as a health practitioner, be covered by professional indemnity insurance, and

(b) may cancel or suspend the registration of a person as a health practitioner if the authority is satisfied that the person is not covered by professional indemnity insurance while the person is practising as a health practitioner.

(4) Practising as a health practitioner without being covered by professional indemnity insurance is, for the purposes of the relevant health registration Act, unsatisfactory professional conduct.

(5) This section does not apply in respect of a health practitioner who is exempt under the regulations from the requirement for professional indemnity insurance.

(6) This section has effect despite the relevant health registration Act under which a health practitioner is registered.

(7) In this section:
"appropriate registration authority", in relation to a health practitioner, means the person or body who has the function, under the relevant health registration Act, of determining any matter relating to the registration of the health practitioner under the health registration Act.
"relevant health registration Act", in relation to a health practitioner, means the Act under which the health practitioner is registered or is otherwise entitled to practise.