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Medical Indemnity Act 2002

No. 132, 2002

Compilation No. 23

Compilation date: 14 October 2024

                Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Medical Indemnity Act 2002 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act and the medical indemnity payment legislation
4 Definitions
5 Medical defence organisation (MDO)
6 Member of an MDO
7 Incident‑occurring based cover
8 IBNR exposure of an MDO
8A Eligible related claims
8B Treatment of deductibles for the exceptional claims indemnity scheme and the allied health exceptional claims indemnity scheme
9 External Territories
Part 2—Commonwealth payments
Division 1—IBNR (incurred but not reported) indemnity scheme
Subdivision A—Introduction
10 Guide to the IBNR indemnity provisions
Subdivision C—Incidents covered by the IBNR indemnity scheme
14 Incidents covered by the IBNR indemnity scheme
Subdivision D—IBNR indemnity
15 IBNR indemnity may be payable under either section 16 or 17
16 IBNR indemnity for payment made by MDO or insurer
17 IBNR indemnity for MDO or insurer in external administration
18 Clarification of circumstances in which IBNR indemnity payable
19 Exceptions
20 Payment partly related to treatment of public patient in public hospital
21 Amount of the IBNR indemnity
Subdivision E—Recovery of