Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIDWIFE PROFESSIONAL INDEMNITY (COMMONWEALTH CONTRIBUTION) SCHEME ACT 2010 - SECT 9

Guide to the Level 1 and Level 2 Commonwealth contribution provisions

  (1)   This Part provides that a Level 1 Commonwealth contribution may be paid to an eligible insurer that pays, or is liable to pay, more than a particular amount in relation to a claim against a midwife. The claim must:

  (a)   relate to an incident that occurs in the course of, or in connection with, the practice by the person as an eligible midwife; and

  (b)   have been certified as a qualifying claim.

  (2)   This Part provides that a Level 2 Commonwealth contribution may be paid in relation to a liability of a midwife (for example, a liability under a court judgment) if the liability:

  (a)   is in relation to a claim that:

  (i)   relates to an incident that occurs in the course of, or in connection with, the person's practice as an eligible midwife; and

  (ii)   has been certified as a qualifying claim; and

  (b)   exceeds the amount payable under an insurance contract that limits the eligible insurer's liability under the contract in relation to a particular claim against the midwife, where the limit equals or exceeds the Level 2 claim threshold.

  (3)   The following table tells you where to find the provisions dealing with various issues:

 

Where to find the provisions on various issues

Item

Issue

Provisions

1

what are the Level 1 and Level 2 claim thresholds?

section   10

2

when may the Chief Executive Medicare certify a claim as a qualifying claim?

section   11

3

when are Level 1 and Level 2 Commonwealth contributions payable?

sections   16 and 18

4

why are apportionment certificates relevant?

paragraph   16(1)(c)

6

how are applications for apportionment certificates made and decided?

sections   51 to 57

7

what is the amount of a Level 1 or Level 2 Commonwealth contribution?

sections   17 and 21

8

how is an application for Level 1 or Level 2 Commonwealth contribution made?

sections   58 and 60

9

when will Level 1 or Level 2 Commonwealth contribution be paid?

sections   59 and 61

10

how must Level 2 Commonwealth contribution be applied?

section   22

11

who is liable to repay an overpayment of Level 2 Commonwealth contribution indemnity?

section   23

12

what if a payment is received that would have reduced the amount of an insurance payment?

sections   24 to 28

13

what information has to be given to the Chief Executive Medicare?

section   62

14

what records must eligible insurers keep?

section   63

15

how are overpayments of Level 1 and Level 2 Commonwealth contribution recovered?

section   64



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback