Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:3_26d
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 3 cl 26D
Character Range: 69900–71646

26D  Notification and record‑keeping

Offences—giving notice

 (1) A person (the insurer) commits an offence if:
 (a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and
 (b) the insurer does not give to the person to whom the cover is provided a written notice stating:
 (i) the nature and range of incidents it covers; and
 (ii) the terms and conditions on which it is provided.

Penalty: Imprisonment for 6 months.

 (2) A person (the insurer) commits an offence if:
 (a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and
 (b) the insurer does not give to the Health Insurance Commission a written notice stating:
 (i) the name of the practitioner for whom the medical indemnity cover is provided; and
 (ii) the date from which the medical indemnity cover took effect; and
 (iii) such other matters as are determined in writing by the Minister administering the Medical Indemnity Act 2002.

Penalty: Imprisonment for 6 months.

 (3) A determination under subparagraph (2)(b)(iii) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Offence—record‑keeping

 (4) A person (the insurer) commits an offence if:
 (a) the insurer provides medical indemnity cover under subsection 26A(1) or 26C(1); and
 (b) the insurer gives written notice as required by subsection (1) of this section to the person to whom the cover is provided; and
 (c) the insurer does not keep a copy of the notice for the period starting when the notice is given and ending 5 years after the insurer ceases to provide the cover.

Note: Paragraph 26A(4)(d) sets out the period for which the insurer must provide the cover.

Penalty: Imprisonment for 6 months.