Schedule 2 — Amendments commencing 1 July 2021

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

1  Subsection 5(1) (paragraphs (a) and (b) of the definition of midwife professional indemnity cover )

Repeal the paragraphs, substitute:

                     (a)  the insurance cover provided by the contract is cover (other than midwife professional indemnity run-off cover) that an eligible insurer is required, under an arrangement in force between the eligible insurer and the Commonwealth, to provide; and

                     (b)  the person is specified or referred to in the contract, whether by name or otherwise, as a person to whom the insurance cover extends; and

2  Subsection 5(1) (at the end of the definition of midwife professional indemnity cover )

Add:

Note:          A single contract of insurance may provide midwife professional indemnity cover for more than one person.

3  Paragraph 11(3)(g)

Repeal the paragraph.

4  Subsections 11(3A) and (3B)

Repeal the subsections.

5  Subsections 31(5) to (7)

Repeal the subsections, substitute:

             (5)  In this section:

private practice as an eligible midwife means practice as an eligible midwife other than:

                     (a)  practice consisting of treatment of public patients of a hospital; or

                     (b)  practice for which:

                              (i)  the Commonwealth, a State or a Territory; or

                             (ii)  a local governing body; or

                            (iii)  an authority established under a law of the Commonwealth, a State or a Territory;

                            indemnifies eligible midwives from liability relating to compensation; or

                     (c)  practice conducted outside both Australia and the external Territories; or

                     (d)  practice of a kind specified in the Rules.

6  Application provision

            The amendments of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 made by this Schedule apply in relation to a claim if the claim relates to:

                     (a)  an incident that occurs on or after 1 July 2021; or

                     (b)  an incident that occurred before 1 July 2021 in the course of providing treatment to a patient during a pregnancy where the pregnancy ends on or after 1  July 2021.