Document ID: chunk:federal_register_of_legislation:C2004A01206:clause:2_34k
Version: federal_register_of_legislation:C2004A01206
Segment Type: clause
Provision Reference: sch 2 cl 34K
Character Range: 30541–32771

34K  Revocation and variation of qualifying claim certificates

Revocation

 (1) The HIC may revoke a qualifying claim certificate if the HIC is no longer satisfied as mentioned in subsection 34E(1) in relation to the claim.

 (2) To avoid doubt, in considering whether it is still satisfied as mentioned in subsection 34E(1) in relation to the claim, the HIC may have regard to matters that have occurred since the decision to issue the qualifying claim certificate was made, including for example:
 (a) the making of regulations for the purpose of paragraph 34E(1)(h) or (i); or
 (b) changes to the terms and conditions of the contract of insurance identified in the certificate.

Variation

 (3) If the HIC is satisfied that a matter is not correctly identified or specified in a qualifying claim certificate, the HIC may vary the certificate so that it correctly identifies or specifies the matter.

Effect of revocation

 (4) If:
 (a) the HIC revokes a qualifying claim certificate; and
 (b) an amount of exceptional claims indemnity has already been paid in relation to the claim;
the amount is an amount overpaid to which section 41 applies.

Effect of variation

 (5) If:
 (a) the HIC varies a qualifying claim certificate; and
 (b) an amount of exceptional claims indemnity has already been paid in relation to the claim, and that amount exceeds the amount that would have been paid if the amount of indemnity had been determined having regard to the certificate as varied;
the amount of the excess is an amount overpaid to which section 41 applies.

AAT review of decision to revoke or vary

 (6) An application may be made to the Administrative Appeals Tribunal for review of a decision of the HIC to revoke or vary a qualifying claim certificate.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires notification of a decision that is reviewable.

HIC to give applicant copy of varied certificate

 (7) If the HIC decides to vary a qualifying claim certificate, the HIC must, within 28 days of making its decision, give the applicant a copy of the varied certificate. However, a failure to comply does not affect the validity of the decision.

Subdivision C—Exceptional claims indemnity