Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A claim is an eligible run - off claim if:
(a) it is a claim made against a person who, at the time the claim is made, is a person to whom subsection (2) applies; and
(b) it relates to an incident that occurred on or after 1 July 2010 and on or before the run - off cover termination date in the course of, or in connection with, the person's practice as an eligible midwife; and
(c) if there is a run - off cover termination date, the person:
(i) was, immediately before the run - off cover termination date, a person to whom subsection (2) applies; and
(ii) continued to be such a person for the whole of the period between the run - off cover termination date and the time when an eligible insurer was first notified of the claim, or of facts that might give rise to the claim; and
(d) the person has midwife professional indemnity run - off cover that indemnifies the person in relation to the claim.
(2) This subsection applies to a person who is one or more of the following:
(a) a person who has retired permanently from private practice as an eligible midwife;
(b) a person who has not engaged in private practice as an eligible midwife at any time during the preceding period of 3 years;
(c) a person who has ceased (temporarily or permanently) the person's practice as an eligible midwife because of maternity (see subsection (3));
(d) a person who has ceased the person's practice as an eligible midwife because of permanent disability (see subsection (4));
(e) a person who is the legal personal representative of a deceased person who had been an eligible midwife;
(f) a person who is included in a class of persons that the Rules specify as persons to whom this subsection applies.
However, a person is not a person to whom this subsection applies if the person is included in a class of persons that the Rules specify as a class of persons to whom this subsection does not apply.
(3) A person is taken, for the purposes of paragraph (2)(c), to have ceased the person's practice as an eligible midwife because of maternity if and only if:
(a) the person:
(i) is pregnant; or
(ii) has given birth; or
(iii) is recovering from a pregnancy (including a miscarriage or a stillbirth); and
(b) another person who is a medical practitioner has certified, in the form approved by the Chief Executive Medicare, that the person is pregnant, has given birth or is recovering from a pregnancy, as the case requires; and
(c) the person has ceased all practice as an eligible midwife:
(i) because she is pregnant; or
(ii) in order to care for one or more children to whom she has given birth; or
(iii) in order to recover from the pregnancy; and
(d) any other requirements specified in the Rules have been met.
(4) A person is taken, for the purposes of paragraph (2)(d), to have ceased the person's practice as an eligible midwife because of permanent disability if and only if:
(a) the person has incurred an injury, or suffers from an illness, that is permanent, or is likely to be permanent; and
(b) as a result of the injury or illness, the person can no longer practise the profession of midwifery; and
(c) another person who is a medical practitioner has certified, in the form approved by the Chief Executive Medicare, that the person:
(i) has incurred an injury, or suffers from an illness, that is permanent, or is likely to be permanent; and
(ii) can no longer practice the profession of midwifery; and
(d) the person has permanently ceased all practice as an eligible midwife.
(5) In this section:
"private practice as an eligible midwife" means practice as an eligible midwife other than:
(a) practice consisting of treatment of public patients of a hospital; or
(b) practice for which:
(i) the Commonwealth, a State or a Territory; or
(ii) a local governing body; or
(iii) an authority established under a law of the Commonwealth, a State or a Territory;
indemnifies eligible midwives from liability relating to compensation; or
(c) practice conducted outside both Australia and the external Territories; or
(d) practice of a kind specified in the Rules.