Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:1_15
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 11357–12428

15  After subsection 34E(1)
Insert:

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.