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Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010
In force
Administered by
Department of Health and Aged Care
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C2024C00165 (C01)
27 June 2011
-
30 June 2011
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Chapter 1—Introduction
Part 1—Preliminary
Division 1—Preliminary
1 Short title
2 Commencement
Division 2—Objects and Guide
3 Objects of this Act and the Midwife Professional Indemnity (Run off Cover Support Payment) Act 2010
4 Guide to this Act
Division 3—Definitions
5 Definitions
Division 4—Other general matters
6 External Territories
7 Rules may set termination dates
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Chapter 2—Midwife Professional Indemnity Commonwealth Contributions
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Part 1—Guide to this Chapter
8 Guide to this Chapter
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Part 2—Level 1 and Level 2 Commonwealth contributions
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Division 1—Preliminary
9 Guide to the Level 1 and Level 2 Commonwealth contribution provisions
10 Level 1 and Level 2 claim thresholds
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Division 2—Certification
11 When may the Medicare Australia CEO certify a claim as a qualifying claim?
12 Application for a qualifying claim certificate
13 Time by which an application must be decided
14 Obligation to notify the Medicare Australia CEO if information is incorrect or incomplete
15 Revocation and variation of qualifying claim certificates
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Division 3—Payability
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Subdivision A—Level 1 payability
16 When is a Level 1 Commonwealth contribution payable?
17 Amount of Level 1 Commonwealth contribution
Subdivision B—Level 2 payability
18 When is a Level 2 Commonwealth contribution payable?
19 Qualifying liabilities
20 Interaction with Level 1 Commonwealth contribution and run off cover
21 Amount of Level 2 Commonwealth contribution
22 How Level 2 Commonwealth contribution is to be applied
23 Who is liable to repay an overpayment of Level 2 Commonwealth contribution?
Subdivision C—Payments that would have reduced the amount paid out under the contract of insurance
24 Amounts paid before payment of Level 2 Commonwealth contribution
25 Amounts paid after payment of Level 2 Commonwealth contribution
26 Obligation to notify the Medicare Australia CEO that amount has been paid
27 The Medicare Australia CEO to notify of amount of debt due
28 Penalty imposed if an amount is repaid late
Part 3—Run off cover Commonwealth contributions
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Division 1—Introduction
29 Guide to run off cover Commonwealth contributions
31 Eligible run off claims
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Division 2—Run off cover Commonwealth contributions
32 Circumstances in which run off cover Commonwealth contributions are payable
33 Clarification of circumstances in which run off cover Commonwealth contributions are payable
34 Exceptions
35 Amount of run off cover Commonwealth contribution
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Division 3—Payments that would have reduced the amount of run off cover Commonwealth contribution
36 Amounts paid before payment of run off cover Commonwealth contribution
37 Amounts paid after payment of run off cover Commonwealth contribution
38 Obligation to notify the Medicare Australia CEO that amount has been paid
39 The Medicare Australia CEO to notify of amount of debt due
40 Penalty imposed if an amount is repaid late
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Division 4—Effect of setting a run off cover termination date
41 Commonwealth’s obligations if a run off cover termination date is set
42 Affected eligible midwife
43 Payments in relation to affected eligible midwife
44 Total run off cover credits
45 Eligible insurers must provide information attributing run off cover support payments
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Division 5—Miscellaneous
46 Medicare Australia CEO must be notified of a person ceasing to be covered by the midwife run off cover provisions
47 Invoices for midwife professional indemnity cover
48 Reports on run off cover Commonwealth provisions
49 Modifications and exclusions
Part 4—Administration of provisions relating to Commonwealth contributions
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Division 1—Guide
50 Guide to this Part
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Division 2—Apportionment certificates
51 When may the Medicare Australia CEO issue an apportionment certificate in relation to a claim?
52 Medicare CEO must not issue an apportionment certificate in certain situations relating to court judgments or orders
53 Applications for apportionment certificates
54 Time by which an application must be decided
55 Obligation to notify the Medicare Australia CEO if information is incorrect or incomplete
56 Revocation and variation of apportionment certificates
57 AAT review of decision to issue, revoke or vary
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Division 3—Applications for, and payment of, Commonwealth contribution
58 Application for Level 1 Commonwealth contribution or a Commonwealth run off cover contribution
59 Payment date for Level 1 Commonwealth contribution or a run off cover Commonwealth contribution
60 Application for Level 2 Commonwealth contribution
61 Payment date for Level 2 Commonwealth contribution
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Division 4—Information gathering and record keeping
62 Medicare Australia CEO may request information
63 Main record keeping obligations
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Division 5—Overpayments of the contributions
64 Recovery of overpayments
65 Medicare Australia CEO may collect money from a person who owes money to a person
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Division 6—Offences
66 Failing to give information
67 Failing to notify
68 Failing to keep and retain records
69 Failing to include required information in invoices
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Division 7—Finance
70 Appropriation
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Division 8—Reinsurance contracts
71 Commonwealth contributions disregarded for purposes of reinsurance contracts
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Chapter 3—Run off cover support payments
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Part 1—Introduction
72 Guide to this Chapter
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Part 2—Payment of run off cover support payment
73 Who is liable to pay the run off cover support payment?
74 Exemptions
75 When run off cover support payment must be paid
76 Late payment penalty
77 Method of paying certain amounts
78 Refund of overpaid amounts
79 Recovery of payment debt
80 Medicare Australia CEO may collect money from a person who owes money to a person
81 Evidentiary certificates
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Part 3—Information gathering provisions
82 Medicare Australia CEO may request information
83 Medicare Australia CEO must be notified of a change in circumstances etc.
84 Failing to give information
85 Failing to notify
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Chapter 4—Miscellaneous
86 General administration of this Act and Midwife Professional Indemnity (Run off Cover Support Payment) Act 2010
87 Additional functions of the Medicare Australia CEO
88 Officers to observe secrecy
89 Act not to apply in relation to State insurance within a State
90 Minister may make Rules
91 Regulations
Notes