Document ID: chunk:federal_register_of_legislation:C2024C00534:section:34e:p2
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 34E (pt 2/2)
Character Range: 86037–88409

patient in a public hospital, see section 34N.
Note 2: Paragraph (g)—for what happens if some, but not all, of the incidents in a series occur after the exceptional claims termination date, see section 34O.

Certain eligible run‑off claims may relate to treatment of public patients in public hospitals
 (1A) Paragraph (1)(d) does not apply to an eligible run‑off claim if:
 (a) the claim relates to an incident that occurred, or a series of incidents that occurred, before 1 July 2003; and
 (b) at the time the incident, or one or more of the incidents, occurred, there was an arrangement with an MDO under which the MDO would have been able to indemnify the practitioner in relation to the incident or series of incidents if the claim had been made while the arrangement had effect; and
 (c) at the time the claim is made, a contract of insurance with a medical indemnity insurer provides medical indemnity cover for the practitioner; and
 (d) the medical indemnity cover is provided under an arrangement of a kind referred to in paragraph 26B(1)(f) of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003; and
 (e) the medical indemnity cover satisfies all of the requirements of subsection 26A(4) of that Act.

When a certificate is in force
 (2) The certificate comes into force when it is issued and remains in force until it is revoked.

Matters to be identified or specified in certificate
 (3) The certificate must:
 (a) identify:
 (i) the practitioner; and
 (ii) the claim; and
 (iii) the contract of insurance in relation to which paragraph (1)(e) is satisfied; and
 (b) specify the relevant threshold.
The certificate may also contain other material.

ART review of decision to refuse
 (4) An application may be made to the Administrative Review Tribunal for review of a decision of the Chief Executive Medicare to refuse to issue a qualifying claim certificate.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.

Chief Executive Medicare to give applicant copy of certificate
 (5) If the Chief Executive Medicare decides to issue a qualifying claim certificate, the Chief Executive Medicare must, within 28 days of making his or her decision, give the applicant a copy of the certificate. However, a failure to comply does not affect the validity of the decision.