Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 30, 2010
Compilation No. 8
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 | 30, 2010 | 12 Apr 2010 | 1 July 2010 (s 2) |
|
32, 2011 | 25 May 2011 | Sch 4 (items 360-418): 1 July 2011 (s 2(1) item 3) | -- | |
as amended by |
|
|
|
|
136, 2012 | 22 Sept 2012 | Sch 2 (item 24): 1 July 2011 (s 2(1) item 20) | -- | |
Midwife Professional Indemnity Legislation Amendment Act 2011 | 47, 2011 | 27 June 2011 | Sch 1 (items 1, 2): 27 June 2011 (s 2) | -- |
62, 2014 | 30 June 2014 | Sch 10 (item 8) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 372-379): 5 Mar 2016 (s 2(1) item 2) | -- |
Medical and Midwife Indemnity Legislation Amendment Act 2019 | 105, 2019 | 28 Nov 2019 | Sch 2 (items 21, 22, 25-27), Sch 3 (items 21-31) and Sch 4 (items 144-153): 1 July 2020 (s 2(1) item 2) | Sch 2 (items 22, 27), Sch 3 (item 31) and Sch 4 (items 148-153) |
Medical and Midwife Indemnity Legislation Amendment Act 2021 | 48, 2021 | 23 June 2021 | Sch 2: 1 July 2021 (s 2(1) item 3) | Sch 2 (item 6) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 12 (items 24-31, 43): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Chapter 1 |
|
Part 1 |
|
Division 3 |
|
s 5..................... | am No 32, 2011; No 126, 2015; No 105, 2019; No 48, 2021 |
Chapter 2 |
|
Part 2 |
|
Division 1 |
|
s 9..................... | am No 32, 2011 |
s 10.................... | am No 126, 2015 |
Division 2 |
|
s 11.................... | am No 32, 2011; No 47, 2011; No 126, 2015; No 48, 2021; No 38, 2024 |
s 12.................... | am No 32, 2011 |
s 13.................... | am No 32, 2011 |
s 14.................... | am No 32, 2011 |
s 15.................... | am No 32, 2011; No 38, 2024 |
Division 3 |
|
Subdivision A |
|
s 16.................... | am No 32, 2011; No 126, 2015 |
Subdivision B |
|
s 18.................... | am No 32, 2011; No 38, 2024 |
s 22.................... | am No 32, 2011 |
Subdivision C |
|
s 25.................... | am No 32, 2011 |
s 26.................... | am No 32, 2011 |
s 27.................... | am No 32, 2011 |
s 28.................... | am No 32, 2011; No 38, 2024 |
Part 3 |
|
Division 1 |
|
s 29.................... | am No 32, 2011 |
s 31.................... | am No 32, 2011; No 47, 2011; No 126, 2015; No 105, 2019; No 48, 2021 |
Division 2 |
|
s 32.................... | am No 32, 2011 |
Division 3 |
|
s 37.................... | am No 32, 2011 |
s 38.................... | am No 32, 2011 |
s 39.................... | am No 32, 2011 |
s 40.................... | am No 32, 2011; No 38, 2024 |
Division 4 |
|
s 44.................... | am No 105, 2019 |
s 45.................... | am No 32, 2011 |
Division 5 |
|
s 46.................... | am No 32, 2011 |
s 48.................... | am No 105, 2019 |
Part 4 |
|
Division 1 |
|
s 50.................... | am No 32, 2011 |
Division 2 |
|
s 51.................... | am No 32, 2011 |
s 52.................... | am No 32, 2011 |
s 53.................... | am No 32, 2011 |
s 54.................... | am No 32, 2011 |
s 55.................... | am No 32, 2011 |
s 56.................... | am No 32, 2011 |
s 57.................... | am No 32, 2011; No 38, 2024 |
Division 3 |
|
s 58.................... | am No 32, 2011 |
s 59.................... | am No 32, 2011 |
s 60.................... | am No 32, 2011; No 38, 2024 |
s 61.................... | am No 32, 2011 |
Division 4 |
|
s 62.................... | am No 32, 2011 |
s 63.................... | am No 32, 2011 |
Division 5 |
|
s 64.................... | am No 32, 2011 /td> |
s 65.................... | am No 32, 2011 |
Division 6 |
|
s 67.................... | am No 32, 2011 |
Division 9 |
|
Division 9................ | ad No 105, 2019 |
s 71A................... | ad No 105, 2019 |
Chapter 3 |
|
Part 1 |
|
s 72.................... | am No 32, 2011 |
Part 2 |
|
s 76.................... | am No 32, 2011; No 38, 2024 |
s 77.................... | am No 32, 2011 |
s 78.................... | am No 62, 2014 |
s 79.................... | am No 32, 2011 |
s 80.................... | am No 32, 2011 |
s 81.................... | am No 32, 2011 |
Part 3 |
|
s 82.................... | am No 32, 2011 |
s 83.................... | am No 32, 2011 |
s 85.................... | am No 32, 2011 |
Chapter 4 |
|
s 86.................... | am No 32, 2011 |
s 87.................... | am No 32, 2011 |
s 87A................... | ad No 105, 2019 |
s 87B................... | ad No 105, 2019 |
s 88.................... | am No 32, 2011; No 105, 2019 |
s 90.................... | am No 32, 2011; No 126, 2015 |