Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 38

  (1)   If the Chief Executive Medicare believes on reasonable grounds that a person is capable of giving information that is relevant to determining:

  (a)   whether an indemnity scheme payment is payable; or

  (b)   the amount of the indemnity scheme payment that is payable; or

  (c)   whether a qualifying claim certificate or qualifying allied health claim certificate should be issued, varied or revoked; or

  (d)   the Commonwealth's possible future liability to make indemnity scheme payments, or a particular kind of indemnity scheme payment;

the Chief Executive Medicare may request the person to give the Chief Executive Medicare the information.

Note 1:   Failure to comply with the request is an offence (see section   45).

Note 2:   Failure to comply may affect certain indemnity scheme payments: see sections   34I, 34ZZO and 37.

  (2)   Without limiting subsection   (1), any of the following persons may be requested to give information under that subsection:

  (a)   an MDO;

  (b)   an insurer;

  (c)   a member, or former member, of an MDO;

  (ca)   a person who practises, or used to practise, a medical profession;

  (cb)   a person who is acting, or has acted, on behalf of a person covered by paragraph   (ca);

  (d)   the legal personal representative of a person covered by paragraph   (c), (ca) or (cb).

  (3)   Without limiting subsection   (1), if the information sought by the Chief Executive Medicare is information relating to a matter in relation to which a person is required by section   39 or 40 to keep a record, the Chief Executive Medicare may request the person to give the information by giving the Chief Executive Medicare the record, or a copy of the record.

  (3A)   Without limiting paragraph   (1)(d), the Chief Executive Medicare may request an MDO or insurer to give information under that paragraph on a periodic basis.

  (4)   The request:

  (a)   must be made in writing; and

  (b)   must state what information must be given to the Chief Executive Medicare; and

  (c)   may require the information to be verified by statutory declaration; and

  (d)   must specify the day on or before which the information must be given; and

  (e)   must contain a statement to the effect that a failure to comply with the request is an offence.

The day specified under paragraph   (d) must be at least 28 days after the day on which the request is made.