Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Legislative instruments
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Medical Indemnity Regulations 2020
In force
Administered by
Department of Health and Aged Care
This item is authorised by the following title:
Medical Indemnity Act 2002
Latest version
Order print copy
Save this title to My Account
Set up an alert
F2024C01011 (C02)
14 October 2024
Legislation text
View document
Select value
Legislative instrument
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Name
3 Authority
5 Simplified outline of this instrument
6 Definitions
Collapse
Part 2—Claim handling fees for claims for which IBNR indemnity payable
7 Simplified outline of this Part
8 Authority for this Part
9 When claim handling fee is payable for claim for which IBNR indemnity payable
10 Amount of claim handling fee
Collapse
Part 3—Claim handling fees for eligible run off claims
11 Simplified outline of this Part
12 Authority for this Part
13 When claim handling fee is payable for eligible run off claim
14 Amount of claim handling fee for eligible run off claim
Collapse
Part 4—Compulsory run off cover administration payments
15 Simplified outline of this Part
16 Authority for this Part
17 When compulsory run off cover administration payment is payable
18 Amount of compulsory run off cover administration payment
19 One off payments to particular insurers for past costs
Collapse
Part 5—Payment of claim handling fees and some compulsory run off cover administration payments
20 Simplified outline of this Part
21 Authority for this Part
22 Time of payment
Collapse
Part 6—Premium support scheme
Collapse
Division 1—Introduction
23 Simplified outline of this Part
24 Authority for this Part
25 Object of this Part
Division 2—Eligibility for payment
26 General conditions
Division 3—When is a medical practitioner an eligible medical practitioner for a premium period?
Collapse
Subdivision A—General
27 Who is an eligible medical practitioner for a premium period?
28 Practitioner with no or low private practice income for premium period is not eligible medical practitioner
29 Practitioner practising wholly outside Australia and external Territories is not eligible medical practitioner
30 Practitioner who has not paid insurer for subsidy that insurer must repay is not eligible medical practitioner
Subdivision B—Procedural general practitioners practising in rural areas
31 Who is a procedural general practitioner?
32 When is a procedural general practitioner practising in a rural area?
Subdivision C—Medical practitioners with substantial insurance costs
33 When does a medical practitioner have substantial insurance costs?
34 What are gross indemnity costs?
35 What is private practice income?
Division 4—Applications for subsidies
Subdivision A—Application for advance subsidy
36 Application for advance subsidy may be made before, or within 14 months after, start of premium year
Subdivision B—Final application for subsidy
37 Final application to be made within 13 months after end of premium year
Subdivision C—Determining applications for subsidy and applications for adjustment of advance subsidy
38 Chief Executive Medicare to determine applications for subsidy
39 Chief Executive Medicare to determine applications for adjustment of advance subsidy
Division 5—Amount of subsidy
Subdivision A—Procedural general practitioners practising in rural areas
40 Amount of subsidy for procedural general practitioner practising in rural area
Subdivision B—Practitioners with substantial insurance costs
41 Amount of subsidy for practitioner with substantial insurance costs
Subdivision C—Practitioners with MISS entitlement under old scheme
42 Amount of subsidy for practitioner with MISS entitlement under old scheme
Subdivision D—Eligible medical practitioners with multiple or varying eligibility
43 If medical practitioner eligible on different grounds for same period
44 If medical practitioner eligible on different grounds for different periods
Subdivision E—Reconciling advance subsidy and subsidy
45 Amount of subsidy reduced by advance subsidy
Division 6—Conditions to be complied with by insurers
Subdivision A—Simplified outline
46 Simplified outline of this Division
Subdivision B—Asking medical practitioners about participating in scheme
47 Asking medical practitioners about participating in scheme
Subdivision C—Invoicing
48 Contents of invoices given to eligible medical practitioners
Subdivision D—Repaying overpayments of subsidy
49 Overpayments generally
50 Repaying advance subsidy exceeding final amount
51 Repaying advance subsidy for premium year if no later application made for premium year
Subdivision E—Keeping records
52 Records relevant to subsidy to be kept for 5 years
Subdivision F—Reporting on changes in medical practitioners’ circumstances
53 Reporting between making application for advance subsidy and making final application for subsidy
54 Reporting after making final application for subsidy
Division 7—Review of decisions relevant to subsidies
55 Authorised reviewing officers
56 Applications by medical practitioners and medical indemnity insurers for review of decisions
57 Review of original decision by authorised reviewing officer
58 Review by Administrative Review Tribunal
Collapse
Part 7—Payments for administering premium support scheme
59 Simplified outline of this Part
60 Authority for this Part
61 When premium support scheme administration payment is payable
62 Amount of premium support scheme administration payment
63 One off payments to certain insurers
Collapse
Part 8—Recovery of overpayments and amounts required to be repaid
64 Simplified outline of this Part
65 Authority for this Part
66 Recovery of overpayments and amounts required to be repaid
Collapse
Part 9—Application, saving and transitional provisions
Collapse
Division 1—Provisions for this instrument as originally made
67 Application of Part 6
68 Transitional—agreement to payment of subsidy to insurer
69 Saving—old scheme
70 Transitional—premium support scheme administration payment for financial years starting on 1 July 2020 and 1 July 2021
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history