Document ID: chunk:federal_register_of_legislation:C2023C00421:section:4:p2
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 4 (pt 2/4)
Character Range: 7704–10560

basis); and
 (b) includes:
 (i) a medical practitioner; and
 (ii) a registered health professional.
incident includes:
 (a) any act, omission or circumstance; and
 (b) an incident that is claimed to have occurred.
incident‑occurring based cover has the meaning given by subsection 6(4).
indemnify has a meaning affected by subsection (2).
Lloyd's underwriter has the same meaning as in the Insurance Act 1973.
MDO has the same meaning as in the Medical Indemnity Act 2002.
medical indemnity insurer has the same meaning as in the Medical Indemnity Act 2002.
medical practitioner means an individual registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.
minimum cover amount has the meaning given by section 16.
new regulated insurance contract means a regulated insurance contract to which section 22 applies.
otherwise uncovered prior incidents for a health care professional has the meaning given by subsection 21(4).
payable, in relation to a compensation claim, has the meaning given by subsection (7).
provide a financial service has the same meaning as in the Corporations Act 2001.
provide medical indemnity cover has the meaning given by section 5.
prudential standard means a standard determined by APRA under section 32 of the Insurance Act 1973.
registered health professional: an individual is a registered health professional if:
 (a) the individual practises a health care related vocation; and
 (b) the individual must be registered under a State or Territory law to practise that vocation.
regulated insurance contract has the meaning given by subsection 21(1).
relevant constitutional connection has the meaning given by subsection (6).
renew has the meaning given by subsection (5).
without medical indemnity cover has the meaning given by subsection (3).

Indemnify
 (2) To avoid doubt, a person may, for the purposes of this Act, indemnify someone else by either:
 (a) making a payment; or
 (b) agreeing to make a payment.
Note: A person may indemnify someone else by making a payment even if the payment was not preceded by an agreement to pay.

Without medical indemnity cover for a health care incident
 (3) For the purposes of this Act, a health care professional is without medical indemnity cover for a health care incident if:
 (a) the health care incident occurs during a particular period; and
 (b) there is no arrangement under which the health care professional will, or may, be indemnified for compensation claims made against the health care professional in relation to 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