Document ID: chunk:federal_register_of_legislation:C2023C00421:section:19:p2
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 19 (pt 2/2)
Character Range: 33572–35019

bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Maximum amount payable for multiple claims
 (5) If:
 (a) subsection (1) applies to a person (the insurer); and
 (b) the relevant contract is entered into, comes into effect or is renewed at a particular time on or after 1 July 2003; and
 (c) amounts are payable by the insurer under the relevant contract in relation to 2 or more compensation claims (the multiple claims) that are made against the health care professional during a particular relevant period; and
 (d) the maximum amount payable by the insurer under the relevant contract in relation to the multiple claims would, but for this subsection, be less than the minimum cover amount applicable at that time;
the maximum amount payable, in aggregate, by the insurer under the relevant contract in relation to the multiple claims is the minimum cover amount applicable at that time (instead of the maximum amount provided for in the relevant contract).
Note: Paragraph (c)—subsection 4(9) operates on the reference in this paragraph to the claim having to be made during a period.
 (6) Subsection (5) does not apply if every health care incident to which the multiple claims relate is one occurring outside Australia and the external Territories.
 (7) To avoid doubt, subsection (5) applies whether or not the insurer is convicted of an offence against subsection (3).