Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:4_27a
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 4 cl 27A
Character Range: 74480–76102

27A  Minister may determine a protocol dealing with various matters

 (1) The Minister may, by writing, determine a protocol (the IBNR Claims Protocol) for:
 (a) making payments to MDOs and insurers of claim handling fees; and
 (b) making payments on account of legal, administrative or other costs incurred by MDOs and insurers (whether on their own behalf or otherwise);
in respect of claims relating to incidents covered by the IBNR indemnity scheme (see section 14).

 (2) Without limiting subsection (1), the IBNR Claims Protocol may:
 (a) make provision for:
 (i) the conditions that must be satisfied for an amount to be payable to an MDO or insurer; and
 (ii) the amount that is payable; and
 (iii) the conditions that must be complied with by an MDO or insurer to which an amount is paid; and
 (iv) other matters related to the making of payments, and the recovery of overpayments; and
 (b) provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under the Protocol.

 (3) Paragraph (2)(b) does not allow the IBNR Claims Protocol to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.

 (4) The IBNR Claims Protocol may also provide for other matters of a kind specified in regulations made for the purposes of this subsection.

 (5) The instrument determining the IBNR Claims Protocol, and any instruments amending or revoking the Protocol, are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.