Document ID: chunk:federal_register_of_legislation:C2024C00534:section:34zzr:p2
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 34ZZR (pt 2/3)
Character Range: 189500–192055

or
(d) if the claim relates to a series of incidents some, but not all, of which occurred in the course of the provision of treatment to a public patient in a public hospital—see section 34ZZT; or
(e) if the claim relates to a series of incidents some, but not all, of which occurred after the allied health termination date—see section 34ZZU.
Note 2: For the purpose of subparagraphs (f)(i) and (ii), payments and liabilities to pay must meet the ordinary course of business requirement set out in subsection (5).
 (2) For the purposes of subparagraph (1)(f)(iii), an incident or series of related incidents is covered by this subsection if the incident occurs or occurred, or the series of related incidents all occur or occur:
 (a) on or after 1 July 2020; and
 (b) in the course of, or in connection with:
 (i) practice by the practitioner of an allied health profession other than midwifery; or
 (ii) practice by the practitioner of midwifery, unless the practitioner is an eligible midwife for whom a contract of insurance with a midwife insurer provides midwife professional indemnity cover in relation to the other claims, or an eligible midwife who has a contract of insurance that names the eligible midwife as the only person to whom the insurance cover provided by the contract extends, and that indemnifies the eligible midwife (subject to the terms and conditions of the contract) in relation to claims that may be made against the eligible midwife in relation to incidents that occur or occurred in the course of, or in connection with, the practice by the eligible midwife of the profession of midwifery.

Who the indemnity is payable to
 (4) The indemnity is to be paid to the person who applies for it.
Note: For who can apply, see section 37A.

Ordinary course of business test for insurance payments
 (5) An amount that an insurer has paid, or is liable to pay, under a contract of insurance does not count for the purpose of subparagraph (1)(f)(i) or (ii) unless it is an amount that the insurer paid, or is liable to pay, in the ordinary course of the insurer's business.

What if the insurer is a Chapter 5 body corporate?
 (6) If an insurer is a Chapter 5 body corporate:
 (a) a reference in paragraphs (1)(e) and (f) to an amount that the insurer is liable to pay under a contract of insurance is a reference to an amount that the insurer is liable to pay under the contract and that is a provable amount; and
 (b) a reference in subsection (5) to an amount that an insurer is liable to pay in the ordinary course of the insurer's