An IBNR indemnity is not payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim against a person if:
(a) the incident, or all the incidents, to which the claim relates occurred in the course of the provision of treatment to a public patient in a public hospital; or
(c) the payment is an insurer - to - insurer payment; or
(ca) a run - off cover indemnity is payable to the MDO or insurer in relation to the same claim; or
(d) the payment is a payment specified in the rules for the purposes of this section.