Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 24

  (1)   An MDO or insurer must repay an amount to the Commonwealth if:

  (a)   an IBNR indemnity has been paid to the MDO or insurer in relation to a claim against or by a person in relation to an incident; and

  (b)   an amount is paid to the MDO or insurer in relation to the payment the MDO or insurer made in relation to the incident; and

  (c)   that amount was not taken into account in calculating the amount of the IBNR indemnity paid to the MDO or insurer; and

  (d)   the amount is not an amount referred to in subsection   21(4); and

  (e)   the Chief Executive Medicare gives the MDO or insurer a notice in relation to the amount under section   26.

  (2)   The amount to be repaid is the amount referred to in paragraph   (1)(b).

  (4)   The amount to be repaid is a debt due to the Commonwealth.

  (5)   The amount to be repaid may be recovered:

  (a)   by action by the Chief Executive Medicare against the MDO or insurer in a court of competent jurisdiction; or

  (b)   by deduction from the amount of an indemnity scheme payment payable to the MDO or insurer; or

  (c)   under section   42.

The total amount recovered must not exceed the amount to be repaid.