Document ID: chunk:federal_register_of_legislation:C2023C00421:section:23:p2
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 23 (pt 2/3)
Character Range: 47983–50744

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.
 (3) A person (the insurer) commits an offence if:
 (a) the person provides medical indemnity cover for a health care professional under a regulated insurance contract; and
 (b) paragraph (1)(b) applies to the regulated insurance contract; and
 (c) after the insurer makes the compulsory offer, the insurer subsequently enters into a contract of insurance with the client to provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional; and
 (d) the contract referred to in paragraph (c) is not entered into in response to the compulsory offer; and
 (e) the contract referred to in paragraph (c) is entered into before the client has given the insurer a written response to the compulsory offer.
Penalty: Imprisonment for 12 months.

Offence—record keeping
 (4) A person (the insurer) commits an offence if:
 (a) the insurer provides medical indemnity cover for a health care professional under a regulated insurance contract; and
 (b) paragraph (1)(b) applies to the regulated insurance contract; and
 (c) the insurer does not keep the following:
 (i) a copy of the compulsory offer;
 (ii) either a copy of the client's written response to the compulsory offer or a written record (made within 14 days after the end of the compulsory offer period) of the client's response, or failure to respond, to the compulsory offer;
 (iii) a copy of any other offer that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;
 (iv) a copy of any invitations that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to make an offer to enter into a contract of insurance under which the insurer would provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;
  for the period of 5 years starting on the day on which the compulsory offer is made.
Penalty: Imprisonment for 6 months.

No offences if regulations not in force
 (4A) The insurer commits an offence against subsection (1), (3) or (4) only if regulations are in force for the purposes of subparagraph (1)(c)(i) both:
 (a) when the event referred to in paragraph (1)(b) occurs; and
 (b) when the period of 28 days referred to in