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

Schedule 6   Allied health professionals

Medical Indemnity Act 2002

50   Subsection 41(3) (notes 1 and 2)

Repeal the notes, substitute:

Note 1: For paragraphs (b) and (c), if the exceptional claims indemnity or allied health exceptional claims indemnity is not dealt with as required by section 34Q or 34ZZW, the whole amount of the indemnity is a debt owed by the recipient, and no amount is recoverable under this section (see subsections 34Q(6) to (8) and 34ZZW(6) to (8)).

Note 2: For paragraphs (b) and (c), if:

(a) the recipient and the practitioner are not the same person; and

(b) the practitioner becomes the liable person;

then (subject to subsections 34R(3) and 34ZZX(3)), the recipient ceases to be the liable person, and the amount overpaid must instead be recovered from the practitioner.