Document ID: chunk:federal_register_of_legislation:C2024C00623:section:11:p1
Version: federal_register_of_legislation:C2024C00623
Segment Type: section
Provision Reference: s 11 (pt 1/3)
Character Range: 25971–28604

11  When may the Chief Executive Medicare certify a claim as a qualifying claim?

Criteria for certification—Level 1
 (1) The Chief Executive Medicare may issue a certificate stating that a claim is a Level 1 qualifying claim if the Chief Executive Medicare is satisfied that:
 (a) the claim meets the common requirements set out in subsection (3); and
 (b) a person has applied for a Level 1 qualifying claim certificate in relation to the claim in accordance with section 12.

Criteria for certification—Level 2
 (2) The Chief Executive Medicare may issue a certificate stating that a claim is a Level 2 qualifying claim if the Chief Executive Medicare is satisfied that:
 (a) the claim meets the common requirements set out in subsection (3); and
 (b) the claim meets the additional Level 2 requirements set out in subsection (4); and
 (c) a person has applied for a Level 2 qualifying claim certificate in relation to the claim in accordance with section 12.

Common requirements for both Level 1 and Level 2 qualifying claim certificates
 (3) A claim in relation to which an application for a Level 1 or Level 2 qualifying claim certificate has been made meets the common requirements set out in this subsection if:
 (a) the claim is or was made against a person (the midwife); and
 (b) the claim relates to an incident that occurs or occurred in the course of, or in connection with, the midwife's practice as an eligible midwife; and
 (c) there is a contract of insurance entered into by an eligible insurer that provides midwife professional indemnity cover in relation to the claim; and
 (d) except in the circumstances specified in Rules made for the purposes of this paragraph, the incident occurs or occurred in Australia or an external Territory; and
 (e) the claim does not relate to an incident that occurs or occurred in the course of, or in connection with, the provision of treatment of a public patient of a hospital; and
 (f) the claim does not relate to an incident that occurs or occurred in the course of, or in connection with, practice of a kind for which:
 (i) the Commonwealth, a State or a Territory; or
 (ii) a local governing body; or
 (iii) an authority established under a law of the Commonwealth, a State or a Territory;
  indemnifies eligible midwives from liability relating to compensation; and
 (h) if the application is for a Level 1 qualifying claim certificate, the incident occurs or occurred:
 (i) on or after 1 July 2010; and
 (ii) on or before the Level 1 termination date (if any); and
 (i) if the application is for a Level 2 qualifying claim certificate the incident occurs or occurred: