Commonwealth Consolidated Acts

MIDWIFE PROFESSIONAL INDEMNITY (COMMONWEALTH CONTRIBUTION) SCHEME ACT 2010 - SECT 24

  (1)   If:

  (a)   an amount (the insurance payment ) has been paid under a contract of insurance that provides midwife professional indemnity cover for a person (the midwife ) in relation to a liability of the midwife; and

  (b)   another amount (not being an amount referred to in subsection   (2)) has been paid to the midwife, the eligible insurer or another person in relation to the incident to which the liability relates; and

  (c)   the other amount was not taken into account in working out the amount of the insurance payment; and

  (d)   if the other amount had been taken into account in working out the amount of the insurance payment, a lesser amount would have been paid under the contract of insurance in relation to the liability;

then, for the purpose of calculating the amount of Level 2 Commonwealth contribution (if any) that is payable in relation to a liability of the midwife, the lesser amount is taken to have been the amount of the insurance payment.

  (2)   This section does not apply to any of the following:

  (a)   an amount paid to an eligible insurer by another insurer under a right of contribution;

  (b)   a payment of Level 1 Commonwealth contribution;

  (c)   a payment of run - off cover Commonwealth contribution;

  (d)   an amount of a kind specified in the Rules for the purposes of this paragraph.