Document ID: chunk:federal_register_of_legislation:C2005A00025:clause:2_34aa
Version: federal_register_of_legislation:C2005A00025
Segment Type: clause
Provision Reference: sch 2 cl 34AA
Character Range: 16932–18881

34AA  Minister may determine a protocol dealing with various matters

 (1) The Minister may, by legislative instrument, determine a protocol (the High Cost Claims Protocol) for:
 (a) making payments to MDOs and insurers of claim handling fees; and
 (b) making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise);
in respect of claims relating to incidents in relation to which a high cost claim indemnity is payable (see section 30).

 (2) Without limiting subsection (1), the High Cost Claims Protocol may:
 (a) make provision for:
 (i) the conditions that must be satisfied for an amount to be payable to an MDO or insurer; and
 (ii) the amount that is payable; and
 (iii) the conditions that must be complied with by an MDO or insurer to which an amount is paid; and
 (iv) other matters related to the making of payments, and the recovery of overpayments; and
 (b) provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under the Protocol; and
 (c) make provision for making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise), in respect of incidents notified to MDOs and insurers that could give rise to claims in relation to which a high cost claim indemnity could be payable.

 (3) Paragraph (2)(b) does not allow the High Cost Claims Protocol to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.

 (4) It does not matter for the purposes of paragraph (2)(c) whether claims are subsequently made in relation to the incidents referred to in that paragraph.

 (5) The High Cost Claims Protocol may also provide for other matters of a kind specified in regulations made for the purposes of this subsection.