Commonwealth Consolidated Acts

MIDWIFE PROFESSIONAL INDEMNITY (COMMONWEALTH CONTRIBUTION) SCHEME ACT 2010 - SECT 38

  (1)   If:

  (a)   a run - off cover Commonwealth contribution has been paid to an eligible insurer in relation to a liability that relates to a claim made against an eligible midwife (the midwife ); and

  (b)   the eligible insurer becomes aware that another amount has been paid to the midwife, eligible insurer or another person in relation to the incident to which the claim relates; and

  (c)   because of the payment of the other amount, there is an amount overpaid as described in subsection   37(2);

the eligible insurer must notify the Chief Executive Medicare that the other amount has been paid.

Note:   Failure to notify is an offence (see section   67).

  (2)   The notification must:

  (a)   be in writing; and

  (b)   be given to the Chief Executive Medicare within 28 days after the applicant becomes aware that the other amount has been paid.