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Medical Indemnity Bill 2002

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2002

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Medical Indemnity Bill 2002

 

 

(1)     Clause 7, page 9 (lines 25 and 26), omit paragraph (a), substitute:

                     (a)  an arrangement between the MDO and the person, or between the MDO and someone else, existed on 30 June 2002; and

[incidents covered by the IBNR indemnity scheme]

(2)     Clause 8, page 10 (lines 27 to 33) to page 11 (lines 1 and 2), omit paragraphs (b), (c) and (d), substitute:

                     (b)  the incident occurred in the course of, or in connection with, the practice of a medical profession by a person; and

                     (c)  on 30 June 2002, the person had incident-occurring based cover with the MDO for the incident; and

                     (d)  on 30 June 2002, the MDO:

                              (i)  was not aware of the occurrence of the incident; and

                             (ii)  was not aware of any claim against or by the person in relation to the incident.

[incidents covered by the IBNR indemnity scheme]

(3)     Clause 10, page 12 (lines 7 to 13), omit subclause (1), substitute:

             (1)  This Division provides that an IBNR indemnity may be paid to an MDO or insurer that makes, or is liable to make, a payment in relation to a claim against or by a person in relation to an incident that is covered by the IBNR indemnity scheme. The incident will only be covered by the scheme if, amongst other things, the person had incident-occurring based cover with an MDO for the incident on 30 June 2002 and the MDO is a participating MDO.

[incidents covered by the IBNR indemnity scheme]

(4)     Clause 14, page 15 (lines 24 to 32) to page 16 (lines 1 and 2), omit paragraphs (b), (c), (d) and (e), substitute:

                     (b)  the incident occurred in the course of, or in connection with, the practice of a medical profession by a person; and

                     (c)  on 30 June 2002, the person had incident-occurring based cover with an MDO for the incident; and

                     (d)  on 30 June 2002, the MDO:

                              (i)  was not aware of the occurrence of the incident; and

                             (ii)  was not aware of any claim against or by the person in relation to the incident; and

                     (e)  the MDO is a participating MDO.

[incidents covered by the IBNR indemnity scheme]

(5)     Clause 16, page 16 (lines 26 to 28), omit paragraph (c), substitute:

                     (c)  the practitioner had, on 30 June 2002, incident-occurring based cover with an MDO for the incident that is covered by the IBNR indemnity scheme and that MDO is a participating MDO; and

[incidents covered by the IBNR indemnity scheme]

(6)     Clause 17, page 18 (lines 28 to 30), omit paragraph (c), substitute:

                     (c)  the practitioner had, on 30 June 2002, incident-occurring based cover with an MDO for the incident that is covered by the IBNR indemnity scheme and that MDO is a participating MDO; and

[incidents covered by the IBNR indemnity scheme]