Document ID: chunk:federal_register_of_legislation:C2024C00623:section:5:p3
Version: federal_register_of_legislation:C2024C00623
Segment Type: section
Provision Reference: s 5 (pt 3/4)
Character Range: 15658–18353

of the contract) in relation to claims that may be made against the person in relation to incidents that occur or occurred in the course of, or in connection with, the practice by the person of the profession of midwifery.
Note: A single contract of insurance may provide midwife professional indemnity cover for more than one person.
midwife professional indemnity run‑off cover means cover in the nature of midwife professional indemnity run‑off cover that an eligible insurer is required, under an arrangement in force between the eligible insurer and the Commonwealth, to provide to persons referred to in subsection 31(2).
payment made in relation to a claim (other than in Subdivisions B and C of Division 3 of Part 2 of Chapter 2 (which deal with Level 2 Commonwealth contributions)) has the meaning given by subsections (4) and (5).
public patient has the same meaning as in the Health Insurance Act 1973.
qualifying claim certificate means a Level 1 or Level 2 qualifying claim certificate.
qualifying liability, in relation to a claim, has the meaning given by section 19.
Rules means the rules made under section 90.
run‑off cover Commonwealth contribution means a run‑off cover Commonwealth contribution paid or payable under Division 2 of Part 3 of Chapter 2.
run‑off cover support payment means a run‑off cover support payment payable under Part 2 of Chapter 3.
run‑off cover termination date means the date specified in Rules made under subsection 7(3).
Secretary means the Secretary of the Department.
subject to appeal: a judgment or order is subject to appeal until:
 (a) any applicable time limits for lodging an appeal (however described) against the judgment or order have expired; and
 (b) if there is such an appeal against the judgment or order—the appeal (and any subsequent appeals) have been finally disposed of.
total run‑off cover credit has the meaning given by section 44.

Notifications by midwives may constitute claims
 (2) A reference in Part 3 of Chapter 2 (which deals with run‑off cover) to a claim includes a reference to a notification by, or on behalf of, a person of an incident if:
 (a) at the time of the incident, the person was an eligible midwife; and
 (b) the notification is to an eligible insurer; and
 (c) at the time of the notification:
 (i) a contract of insurance with the eligible insurer provided the person with midwife professional indemnity cover; and
 (ii) the cover would have indemnified the person in relation to any claim relating to the incident if the claim had been made at the time of the notification.
The notification is taken, for the purposes of Part 3, to be a claim against the person.

Indemnifying
 (3) To avoid doubt,