Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffences--giving notice
(1) A person (the insurer ) commits an offence if:
(a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and
(b) the insurer does not give to the person to whom the cover is provided a written notice stating:
(i) the nature and range of incidents it covers; and
(ii) the terms and conditions on which it is provided.
Penalty: Imprisonment for 6 months.
(2) A person (the insurer ) commits an offence if:
(a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and
(b) the insurer does not, within the notification period, give to the Chief Executive Medicare a written notice stating:
(i) the name of the practitioner for whom the medical indemnity cover is provided; and
(ii) the date from which the medical indemnity cover took effect; and
(iii) such other matters as are determined, by legislative instrument, by the Minister administering the Medical Indemnity Act 2002 .
Penalty: Imprisonment for 6 months.
(2A) The notification period for the purposes of paragraph (2)(b) is a period, starting on the day after the day on which the insurer provides the medical indemnity cover in question, of:
(a) 61 days; or
(b) such greater number of days as the Minister administering the Medical Indemnity Act 2002 determines by legislative instrument.
Offence--record - keeping
(4) A person (the insurer ) commits an offence if:
(a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and
(b) the insurer gives written notice as required by subsection (1) of this section to the person to whom the cover is provided; and
(c) the insurer does not keep a copy of the notice for the period starting when the notice is given and ending 5 years after the insurer ceases to provide the cover.
Note: Paragraph 26A(4)(e) sets out the period for which the insurer must provide the cover.
Penalty: Imprisonment for 6 months.