Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 34ZK

  (1)   If:

  (a)   a run - off cover indemnity has been paid to an MDO or medical indemnity insurer in relation to a liability that relates to a claim made against a medical practitioner; and

  (b)   the MDO or medical indemnity insurer becomes aware that another amount has been paid to the practitioner, MDO, medical indemnity insurer or another person in relation to the incident or incidents to which the claim relates, or in relation to one or more other incidents; and

  (c)   because of the payment of the other amount, there is an amount overpaid as described in subsection   34ZJ(2);

the MDO or medical indemnity insurer must notify the Chief Executive Medicare that the other amount has been paid.

Note:   Failure to notify is an offence (see section   46).

  (2)   The notification must:

  (a)   be in writing; and

  (b)   be given to the Chief Executive Medicare within 28 days after the applicant becomes aware that the other amount has been paid.