Document ID: chunk:federal_register_of_legislation:C2023C00421:section:4:p3
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 4 (pt 3/4)
Character Range: 10307–13082

health care incidents occurring during that period.

When arrangement comes into effect
 (4) For the purposes of this Act, an arrangement under which a person provides medical indemnity cover for a health care professional comes into effect on the first day on which, under the arrangement, a claim against the person providing the cover may be made.

Renewal of arrangement
 (5) For the purposes of this Act, an arrangement is renewed if:
 (a) the arrangement is renewed; or
 (b) the period of the arrangement is extended;
whether this happens:
 (c) because of action taken, or not taken, by a party or parties to the arrangement; or
 (d) automatically; or
 (e) by force of law.
Note: For example, if renewable insurance cover is provided under a contract of insurance (the original contract), a further contract of insurance may exist between the parties to the original contract by force of subsection 58(3) of the Insurance Contracts Act 1984.

Relevant constitutional connection
 (6) For the purposes of this Act, an arrangement has a relevant constitutional connection if:
 (a) the arrangement provides for insurance with respect to which the Commonwealth Parliament has power to make laws under paragraph 51(xiv) of the Constitution; or
 (b) the arrangement is entered into in the course of trade and commerce:
 (i) with other countries; or
 (ii) among the States; or
 (iii) between a State and a Territory; or
 (c) the arrangement is entered into in, or is governed by the laws of, a Territory.

Amount payable in relation to compensation claim
 (7) For the purposes of this Act, the amount that is payable in relation to a compensation claim includes an amount that would be paid to meet legal and other expenses that are directly attributable to any negotiations, arbitration or proceedings in relation to the compensation claim.

Breaching the minimum cover rules
 (8) For the purposes of this Act, a regulated insurance contract breaches the minimum cover rules if subsection 17(2), 18(3) or 19(3) applies to the regulated insurance contract.

Claim against health care professional during particular period
 (9) A reference in this Act, in relation to:
 (a) a contract of insurance under which the insurer provides medical indemnity cover for a health care professional; or
 (b) an offer by an insurer to provide medical indemnity cover for a health care professional;
to a compensation claim against the health care professional being made, or having to be made, during a particular period is a reference to any one or more of the following happening, or having to happen, during that period:
 (c) the compensation claim being made against the health care professional;
 (d) the compensation claim being notified to the insurer;
 (e) the health care incident to