Document ID: chunk:federal_register_of_legislation:C2021A00048:clause:1_8:p1
Version: federal_register_of_legislation:C2021A00048
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/2)
Character Range: 5212–7765

8  Transitional provision—eligible midwives
(1) Despite the amendments of section 34ZZB of the Medical Indemnity Act 2002 by this Schedule, an allied health high cost claim indemnity is payable to an eligible MDO or eligible insurer if:
 (a) a claim is, or was, made against an eligible midwife; and
 (b) the claim relates to:
 (i) an incident that occurs or occurred before 1 July 2021; or
 (ii) a series of incidents, the first of which occurs or occurred before 1 July 2021; and
 (c) either:
 (i) the claim does not relate to provision of treatment to a patient during a pregnancy where the pregnancy ends on or after 1 July 2021; or
 (ii) if the claim relates to provision of treatment to a patient during a pregnancy where the pregnancy ends on or after 1 July 2021—the eligible midwife is not a person for whom a contract of insurance with a midwife insurer provides midwife professional indemnity cover on or after 1 July 2021 in relation to the claim; and
 (d) an allied health high cost claim indemnity in relation to the claim would have been payable under that section if those amendments had not been made.
(2) Despite the amendments of section 34ZZK of the Medical Indemnity Act 2002 by this Schedule, the Chief Executive Medicare may issue a certificate stating that a claim is a qualifying allied health claim if:
 (a) the claim is a claim that is or was made against an eligible midwife; and
 (b) the claim relates to:
 (i) an incident that occurs or occurred before 1 July 2021; or
 (ii) a series of incidents, the first of which occurs or occurred before 1 July 2021; and
 (c) either:
 (i) the claim does not relate to provision of treatment to a patient during a pregnancy where the pregnancy ends on or after 1 July 2021; or
 (ii) if the claim relates to provision of treatment to a patient during a pregnancy where the pregnancy ends on or after 1 July 2021—the eligible midwife is not a person for whom a contract of insurance with a midwife insurer provides midwife professional indemnity cover on or after 1 July 2021 in relation to the claim; and
 (d) the Chief Executive Medicare could have issued a certificate in relation to the claim under subsection 34ZZK(1) of that Act if those amendments had not been made.
(3) Despite the amendments of section 34ZZR of the Medical Indemnity Act 2002 by this Schedule, an incident or series of related incidents is covered by subsection 34ZZR(2) if:
 (a) the incident or series of related incidents occur or occurred in the course of, or in connection with, the practice of midwifery by