Document ID: chunk:federal_register_of_legislation:C2019A00105:clause:6_34zzk:p2
Version: federal_register_of_legislation:C2019A00105
Segment Type: clause
Provision Reference: sch 6 cl 34ZZK (pt 2/2)
Character Range: 111863–114082

a claim specified in rules made for the purposes of this paragraph; and
 (j) the contract of insurance is not a contract specified in rules made for the purposes of this paragraph; and
 (k) a person has applied for the certificate in accordance with section 34ZZN; and
 (l) the Chief Executive Medicare could not issue a qualifying claim certificate in relation to the claim if an application for the certificate were made in accordance with section 34H.
Note 1: Paragraph (f)—for what happens if some, but not all, of the incidents in a series occur in the course of the provision of treatment to a public patient in a public hospital, see section 34ZZT.
Note 2: Paragraph (h)—for what happens if some, but not all, of the incidents in a series occur after the allied health termination date, see section 34ZZU.
 (2) Any rules made for the purposes of subsection 11(3A) of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 apply for the purposes of determining whether practice is of a kind mentioned in paragraph (1)(c).

When a certificate is in force
 (3) The certificate comes into force when it is issued and remains in force until it is revoked.

Matters to be identified or specified in certificate
 (4) The certificate must:
 (a) identify:
 (i) the practitioner; and
 (ii) the claim; and
 (iii) the contract of insurance in relation to which paragraph (1)(g) is satisfied; and
 (b) specify the relevant allied health threshold.
The certificate may also contain other material.

AAT review of decision to refuse
 (5) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Chief Executive Medicare to refuse to issue a qualifying allied health claim certificate.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires notification of a decision that is reviewable.

Chief Executive Medicare to give applicant copy of certificate
 (6) If the Chief Executive Medicare decides to issue a qualifying allied health claim certificate, the Chief Executive Medicare must, within 28 days of making the decision, give the applicant a copy of the certificate. However, a failure to comply does not affect the validity of the decision.