Document ID: chunk:federal_register_of_legislation:C2023C00421:section:22:p3
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 22 (pt 3/3)
Character Range: 43373–45298

paragraph (4)(a) for a health care professional, disregard:
 (a) an otherwise uncovered prior incident of the health care professional; or
 (b) a compensation claim in relation to an incident of that kind;
if it is reasonable and appropriate for the insurer to exclude the incident or claim from the cover provided by the contract, having regard to:
 (c) the nature of the health care provided by the health care professional during the period during which the otherwise uncovered prior incident occurred; and
 (d) the kinds of exclusions that are usually provided for in contracts of insurance that provide similar cover to the cover being offered; and
 (e) any other relevant consideration.
 (5) Subsection (1) does not apply if:
 (a) the insurer makes an offer for the purposes of subsection (1); and
 (b) the only reason why the offer does not satisfy subparagraph (1)(c)(i) is that the offer does not extend to some of the health care professional's otherwise uncovered prior incidents; and
 (c) the insurer has reasonable grounds for believing that the offer does extend to all the health care professional's otherwise uncovered prior incidents.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Compulsory offer has no effect in certain circumstances
 (6) A compulsory offer made by an insurer for the purposes of subsection (1) ceases to have effect if the winding up of the insurer starts before the offer is accepted.
Note: An insurer must not carry on insurance business after the winding up of the insurer has started: see section 116 of the Insurance Act 1973.

Effect of subsection (1)
 (7) Subsection (1) has effect subject to section 116 of the Insurance Act 1973.
Note: This means that an insurer does not have to make a compulsory offer for the purposes of subsection (1) once the winding up of the insurer has started.