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

Schedule 2   Indemnity scheme payments

Part 3   Run-off cover on retirement

Medical Indemnity Act 2002

20   Application and transitional

(1) The amendments of the Age Discrimination Act 2004 made by this Part apply in relation to anything done after the commencement of this item.

(2) The amendments of subsection 34ZB(2) of the Medical Indemnity Act 2002 made by this Part apply in relation to:

(a) any claim made after the commencement of this item against a person who has retired permanently from private medical practice; and

(b) any requirement under Division 2A of Part 3 of the PSPS Act to provide medical indemnity cover after the commencement of this item for a person who has retired permanently from private medical practice;

whether the person retired before or after the commencement of this item.

(3) If:

(a) before the commencement of this item, a person has retired permanently from private medical practice (within the meaning of subsection 34ZB(5) of the Medical Indemnity Act 2002 as in force immediately before that commencement); and

(b) before that commencement, the person accepted:

(i) an offer to provide medical indemnity cover made because an event mentioned in paragraph 23(1)(b) of the PSPS Act occurred; or

(ii) an offer to renew cover mentioned in subparagraph (i); and

(c) the cover mentioned in paragraph (b) has not ceased before that commencement; and

(d) at that commencement, the person is aged less than 65 years;

the requirement in paragraph 26A(4)(f) of the PSPS Act does not apply, in relation to medical indemnity cover provided to the person for the purposes of subsection 26A(1) of the PSPS Act, until the cover mentioned in paragraph (b) of this subitem ceases.

Note: Regulations made for the purposes of section 24 of the PSPS Act deal with the premium payable for run-off cover provided under section 23 of the PSPS Act. While such run-off cover is in place, a medical indemnity insurer will not contravene the requirement in paragraph 26A(4)(f) of the PSPS Act not to charge a premium or other consideration.

(4) In this item:

medical indemnity cover has the meaning given in the PSPS Act.

PSPS Act means the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.