Commonwealth Consolidated Acts

MIDWIFE PROFESSIONAL INDEMNITY (COMMONWEALTH CONTRIBUTION) SCHEME ACT 2010

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  

           Division 2--Objects and Guide

   3.      Objects of this Act and the Midwife Professional Indemnity (Run - off Cover Support Payment) Act 2010  
   4.      Guide to this Act  

           Division 3--Definitions

   5.      Definitions  

           Division 4--Other general matters

   6.      External Territories  
   7.      Rules may set termination dates  
            

CHAPTER 2--Midwife Professional Indemnity Commonwealth Contributions
            

   PART 1--GUIDE--TO THIS CHAPTER

   8.      Guide to this Chapter  

   PART 2--LEVEL--1 AND LEVEL 2 COMMONWEALTH CONTRIBUTIONS

           Division 1--Preliminary

   9.      Guide to the Level 1 and Level 2 Commonwealth contribution provisions  
   10.     Level 1 and Level 2 claim thresholds  

           Division 2--Certification

   11.     When may the Chief Executive Medicare certify a claim as a qualifying claim?  
   12.     Application for a qualifying claim certificate  
   13.     Time by which an application must be decided  
   14.     Obligation to notify the Chief Executive Medicare if information is incorrect or incomplete  
   15.     Revocation and variation of qualifying claim certificates  

           Division 3--Payability

              Subdivision A--Level 1 payability

   16.     When is a Level 1 Commonwealth contribution payable?  
   17.     Amount of Level 1 Commonwealth contribution  

              Subdivision B--Level 2 payability

   18.     When is a Level 2 Commonwealth contribution payable?  
   19.     Qualifying liabilities  
   20.     Interaction with Level 1 Commonwealth contribution and run - off cover  
   21.     Amount of Level 2 Commonwealth contribution  
   22.     How Level 2 Commonwealth contribution is to be applied  
   23.     Who is liable to repay an overpayment of Level 2 Commonwealth contribution?  

              Subdivision C--Payments that would have reduced the amount paid out under the contract of insurance

   24.     Amounts paid before payment of Level 2 Commonwealth contribution  
   25.     Amounts paid after payment of Level 2 Commonwealth contribution  
   26.     Obligation to notify the Chief Executive Medicare that amount has been paid  
   27.     The Chief Executive Medicare to notify of amount of debt due  
   28.     Penalty imposed if an amount is repaid late  

   PART 3--RUN---OFF COVER COMMONWEALTH CONTRIBUTIONS

           Division 1--Introduction

   29.     Guide to run - off cover Commonwealth contributions  
   31.     Eligible run - off claims  

           Division 2--Run-off cover Commonwealth contributions

   32.     Circumstances in which run - off cover Commonwealth contributions are payable  
   33.     Clarification of circumstances in which run - off cover Commonwealth contributions are payable  
   34.     Exceptions  
   35.     Amount of run - off cover Commonwealth contribution  

           Division 3--Payments that would have reduced the amount of run-off cover Commonwealth contribution

   36.     Amounts paid before payment of run - off cover Commonwealth contribution  
   37.     Amounts paid after payment of run - off cover Commonwealth contribution  
   38.     Obligation to notify the Chief Executive Medicare that amount has been paid  
   39.     The Chief Executive Medicare to notify of amount of debt due  
   40.     Penalty imposed if an amount is repaid late  

           Division 4--Effect of setting a run-off cover termination date

   41.     Commonwealth's obligations if a run - off cover termination date is set  
   42.     Affected eligible midwife  
   43.     Payments in relation to affected eligible midwife  
   44.     Total run - off cover credits  
   45.     Eligible insurers must provide information attributing run - off cover support payments  

           Division 5--Miscellaneous

   46.     Chief Executive Medicare must be notified of a person ceasing to be covered by the midwife run - off cover provisions  
   47.     Invoices for midwife professional indemnity cover  
   48.     Reports on run - off cover Commonwealth provisions  
   49.     Modifications and exclusions  

   PART 4--ADMINISTRATION--OF PROVISIONS RELATING TO COMMONWEALTH CONTRIBUTIONS

           Division 1--Guide

   50.     Guide to this Part  

           Division 2--Apportionment certificates

   51.     When may the Chief Executive Medicare issue an apportionment certificate in relation to a claim?  
   52.     Chief Executive Medicare must not issue an apportionment certificate in certain situations relating to court judgments or orders  
   53.     Applications for apportionment certificates  
   54.     Time by which an application must be decided  
   55.     Obligation to notify the Chief Executive Medicare if information is incorrect or incomplete  
   56.     Revocation and variation of apportionment certificates  
   57.     ART review of decision to issue, revoke or vary  

           Division 3--Applications for, and payment of, Commonwealth contribution

   58.     Application for Level 1 Commonwealth contribution or a Commonwealth run - off cover contribution  
   59.     Payment date for Level 1 Commonwealth contribution or a run - off cover Commonwealth contribution  
   60.     Application for Level 2 Commonwealth contribution  
   61.     Payment date for Level 2 Commonwealth contribution  

           Division 4--Information gathering and record keeping

   62.     Chief Executive Medicare may request information  
   63.     Main record keeping obligations  

           Division 5--Overpayments of the contributions

   64.     Recovery of overpayments  
   65.     Chief Executive Medicare may collect money from a person who owes money to a person  

           Division 6--Offences

   66.     Failing to give information  
   67.     Failing to notify  
   68.     Failing to keep and retain records  
   69.     Failing to include required information in invoices  

           Division 7--Finance

   70.     Appropriation  

           Division 8--Reinsurance contracts

   71.     Commonwealth contributions disregarded for purposes of reinsurance contracts  

           Division 9--Monitoring

   71A.    Insurers may be required to provide information  
            

CHAPTER 3--Run-off cover support payments
            

   PART 1--INTRODUCTION

   72.     Guide to this Chapter  

   PART 2--PAYMENT--OF RUN-OFF COVER SUPPORT PAYMENT

   73.     Who is liable to pay the run - off cover support payment?  
   74.     Exemptions  
   75.     When run - off cover support payment must be paid  
   76.     Late payment penalty  
   77.     Method of paying certain amounts  
   78.     Refund of overpaid amounts  
   79.     Recovery of payment debt  
   80.     Chief Executive Medicare may collect money from a person who owes money to a person  
   81.     Evidentiary certificates  

   PART 3--INFORMATION--GATHERING PROVISIONS

   82.     Chief Executive Medicare may request information  
   83.     Chief Executive Medicare must be notified of a change in circumstances etc.  
   84.     Failing to give information  
   85.     Failing to notify  
            

CHAPTER 4--Miscellaneous
            

   86.     General administration of this Act and Midwife Professional Indemnity (Run - off Cover Support Payment) Act 2010  
   87.     Additional functions of the Chief Executive Medicare  
   87A.    Chief Executive Medicare may use computer programs to take administrative action  
   87B.    Delegation by Secretary  
   88.     Officers to observe secrecy  
   89.     Act not to apply in relation to State insurance within a State  
   90.     Minister may make Rules  
   91.     Regulations