Document ID: chunk:federal_register_of_legislation:C2023C00421:section:26a:p2
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 26A (pt 2/2)
Character Range: 59745–62319

Note: Subparagraph 34E(1)(e)(ii) of the Medical Indemnity Act 2002 requires that the practitioner's contract limit (see section 34B of that Act) equals or exceeds the relevant threshold under section 34F of that Act.
 (d) it is provided on the terms and conditions on which the last medical indemnity cover provided for the practitioner was provided, to the extent they are relevant to the provision of medical indemnity cover; and
 (e) it provides cover until the practitioner ceases to be an eligible practitioner; and
 (f) no premium or other consideration is payable for the medical indemnity cover by the person to whom it is provided.

Practitioner etc. need not apply for medical indemnity cover
 (7) The obligation under subsection (1) to provide medical indemnity cover applies whether or not the practitioner, or any other person, has applied to the insurer for the medical indemnity cover.

Effect of subsection (1)
 (8) Subsection (1) has effect subject to section 116 of the Insurance Act 1973.
Note: This means that an insurer does not have to provide medical indemnity cover under subsection (1) once the winding up of the insurer has started.

Definitions
 (9) In this section:
eligible practitioner means a person to whom subsection 34ZB(2) of the Medical Indemnity Act 2002 applies.
medical practice period, of an eligible practitioner, means:
 (a) in any case—the period during which the practitioner was not an eligible practitioner; and
 (b) if:
 (i) the practitioner was engaged in private medical practice at the time the practitioner was an eligible practitioner; and
 (ii) all of the medical services provided in the course of that medical practice were services provided free of charge; and
 (iii) the practitioner is no longer engaged in that medical practice;
  the period during which the practitioner was engaged in that medical practice; and
 (c) if the practitioner:
 (i) was engaged in medical practice (other than private medical practice); and
 (ii) was provided with medical indemnity cover in relation to incidents occurring during that medical practice; and
 (iii) is no longer engaged in that medical practice;
  the period during which the practitioner was engaged in that medical practice and in relation to which the practitioner was provided with that medical indemnity cover.
Note: This definition, and the obligation under subsection (1) to provide medical indemnity cover, can apply more than once in relation to the same eligible practitioner.
private medical practice has the same meaning as in the Medical Indemnity Act 2002.