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

3   Paragraphs 30(1)(d) to (f)

Repeal the paragraphs, substitute:

(d) the MDO or insurer is first notified of:

(i) the incident; or

(ii) the claim; or

(iii) an eligible related claim;

between 1 January 2003 and the date specified in the rules as the termination date for the high cost claim indemnity scheme; and

(e) the MDO or insurer has a qualifying payment in relation to the claim, or qualifying payments in relation to:

(i) the claim; or

(ii) the claim and one or more eligible related claims; and

(f) the amount of the qualifying payment, or the sum of the amounts of the qualifying payments, exceeds what was the high cost claim threshold at the earliest of the following times:

(i) when the MDO or insurer was first notified of the incident;

(ii) when the MDO or insurer was first notified of the claim;

(iii) when the MDO or insurer was first notified of an eligible related claim; and