Medical and Midwife Indemnity Legislation Amendment Act 2019 (105 of 2019)

Schedule 2   Indemnity scheme payments

Part 1   Aggregation of claims for high cost claim indemnity schemes

Medical Indemnity Act 2002

2   Section 8A

Repeal the section, substitute:

8A Eligible related claims

(1) A claim or claims are eligible related claims in relation to a claim for which an application for a high cost claim indemnity or allied health high cost claim indemnity is made if:

(a) all the claims are made against the same person; and

(b) all the claims are made in relation to the same incident or series of related incidents; and

(c) either:

(i) all the claims are part of the same class action or representative proceeding; or

(ii) the incident, or series of related incidents, occurred in connection with a pregnancy or the birth of a child or children; and

(d) the application is the only application for a high cost claim indemnity or allied health high cost claim indemnity that has been made in relation to any of the claims; and

(e) none of the claims are eligible related claims in relation to another claim for which an application for a high cost claim indemnity or allied health high cost claim indemnity has been made.

(2) For the purposes of paragraphs (1)(d) and (e), disregard an application if it is withdrawn before payment is made in relation to the application.