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

Schedule 6   Allied health professionals

Medical Indemnity Act 2002

2   Subsection 4(1)

Insert:

allied health exceptional claims indemnity means an allied health exceptional claims indemnity paid or payable under Division 2D of Part 2.

Note: Amounts payable under regulations made for the purposes of section 34ZZZD (allied health exceptional claims payments) are not covered by this definition.

allied health high cost claim indemnity means an allied health high cost claim indemnity paid or payable under Division 2C of Part 2.

Note: Amounts payable under regulations made for the purposes of section 34ZZG (allied health high cost claims payments) are not covered by this definition.

allied health high cost claim threshold has the meaning given by section 34ZZA.

allied health profession means a profession that is:

(a) a health profession within the meaning of the Health Practitioner Regulation National Law, other than the medical profession; or

(b) specified in the rules.

allied health termination date means the date, if any, set by rules under section 34ZZM.

conducted appropriately : a defence of a claim against a person is conducted appropriately if, and only if:

(a) to the extent it is conducted on the person's behalf by an insurer, or by a legal practitioner engaged by an insurer - the defence is conducted to a standard that is consistent with the insurer's usual standard for the conduct of the defence of claims; and

(b) to the extent it is conducted by the person, or by a legal practitioner engaged by the person - the defence is conducted prudently.

defence , of a claim against a person, includes any settlement negotiations on behalf of the person.

eligible insurer has the meaning given in section 34ZZ.

eligible MDO has the meaning given in section 34ZZ.

exceptional claims termination date means the date, if any, set by rules under section 34G.