Document ID: chunk:federal_register_of_legislation:C2023C00421:section:26d
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 26D
Character Range: 66460–68430

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, within the notification period, give to the Chief Executive Medicare 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, by legislative instrument, by the Minister administering the Medical Indemnity Act 2002.
Penalty: Imprisonment for 6 months.
 (2A) The notification period for the purposes of paragraph (2)(b) is a period, starting on the day after the day on which the insurer provides the medical indemnity cover in question, of:
 (a) 61 days; or
 (b) such greater number of days as the Minister administering the Medical Indemnity Act 2002 determines by legislative instrument.

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)(e) sets out the period for which the insurer must provide the cover.
Penalty: Imprisonment for 6 months.