Commonwealth Consolidated Acts

HEALTH LEGISLATION AMENDMENT (MIDWIVES AND NURSE PRACTITIONERS) ACT 2010 - SCHEDULE 2

Health Insurance Act 1973

1   Subsection 130(1)

Omit "medical indemnity legislation", substitute "indemnity legislation".

2   Subsection 130(25)

Insert:

"indemnity legislation" means:

  (a)   the Medical Indemnity Act 2002 ; and

  (b)   the Medical Indemnity (Competitive Advantage Payment) Act 2005 ; and

  (c)   the Medical Indemnity (Run - off Cover Support Payment) Act 2004 ; and

  (d)   the Medical Indemnity (UMP Support Payment) Act 2002 ; and

  (e)   the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ; and

  (f)   the Midwife Professional Indemnity (Run - off Cover Support Payment) Act 20 10 .

3   Subsection 130(25) (definition of medical indemnity legislation )

Repeal the definition.

Medical Indemnity Act 2002

4   Subsection 4(1)

Insert:

"eligible midwife" has the same meaning as in the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 1 0 .

5   Subsection 28(1)

After "profession", insert ", other than practice as an eligible midwife".

6   Paragraph 30(1)(b)

After "profession", insert ", other than practice as an eligible midwife".

7   Paragraph 34A(1)(a)

After "profession", insert "(other than practice as an eligible midwife)".

8   Paragraph 34E(1)(b)

After "profession", insert ", other than practice as an eligible midwife".

Medicare Australia Act 1973

9   After paragraph 3A(1)(bc)

Insert:

  (bd)   an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ; or

10   Paragraph 3A(1)(c)

Omit "or (bc)", substitute ", (bc) or (bd)".

11   After paragraph 3A(2)(bb)

Insert:

  (bc)   an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ; or

12   Paragraph 3A(2)(c)

Omit "section   6, 7 or 7A or paragraph 86(1)(a) of the Crimes Act 1914 ", substitute "section   6 of the Crimes Act 1914 , or section   11.1, 11.4 or 11.5 of the Criminal Code ,".

13   Paragraph 3A(2)(c)

Omit "or (bb)", substitute ", (bb) or (bc)".

14   At the end of paragraph 3A(2)(d)

Add:

  ; or (iii)   a Commonwealth contribution (within the meaning of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ).

15   After paragraph 3A(2A)(cb)

Insert:

  (cc)   an offence against the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ; or

16   Paragraph 3A(2A)(d)

Omit "or (cb)", substitute ", (cb) or (cc)".

17   At the end of paragraph 3A(2A)(e)

Add:

  ; or (iii)   a Commonwealth contribution (within the meaning of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ).

18   At the end of subsection 42(2)

Add:

  (d)   the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ;

  (e)   the Midwife Professional Indemnity (Run - off Cover Support Payment) Act 20 10 .

National Health Act 1953

19   Subsection 135A(1)

Omit "medical indemnity legislation", substitute "indemnity legislation".

20   Subsection 135A(24)

Insert:

"indemnity legislation" means:

  (a)   the Medical Indemnity Act 2002 ; and

  (b)   the Medical Indemnity (Competitive Advantage Payment) Act 2005 ; and

  (c)   the Medical Indemnity (Run - off Cover Support Payment) Act 2004 ; and

  (d)   the Medical Indemnity (UMP Support Payment) Act 2002 ; and

  (e)   the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 20 10 ; and

  (f)   the Midwife Professional Indemnity (Run - off Cover Support Payment) Act 20 10 .

21   Subsection 135A(24) (definition of medical indemnity legislation )

Repeal the definition.

Notes to the Health Legislation Amendment (Midwives and Nurse Practitioners) Act 2010

Note 1

The Health Legislation Amendment (Midwives and Nurse Practitioners) Act 20 10 as shown in this compilation comprises Act No.   29, 2010 amended as indicated in the Tables below.

Table of Acts

( a )   Subsection 2(1) (item   18 ) of the Statute Law Revision Act 2012 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments