Document ID: chunk:federal_register_of_legislation:C2024C00623:section:11:p2
Version: federal_register_of_legislation:C2024C00623
Segment Type: section
Provision Reference: s 11 (pt 2/3)
Character Range: 28386–31024

occurs or occurred:
 (i) on or after 1 July 2010; and
 (ii) on or before the Level 1 termination date (if any); and
 (i) if the application is for a Level 2 qualifying claim certificate the incident occurs or occurred:
 (i) on or after 1 July 2010; and
 (ii) on or before the Level 2 termination date (if any); and
 (j) the claim is not in substance an aggregation of two or more separate claims against the midwife; and
 (k) the claim is not a claim included in a class specified in Rules made for the purposes of this paragraph; and
 (l) the claim does not relate to an incident of a kind specified in Rules made for the purposes of this paragraph; and
 (m) the claim does not relate to a type of midwifery practice specified in Rules made for the purposes of this paragraph.

Additional requirements for Level 2 qualifying claim certificates
 (4) A claim in relation to which an application for a Level 2 qualifying claim certificate has been made meets the additional Level 2 requirements set out in this subsection if:
 (a) there is a contract of insurance entered into by an eligible insurer in relation to which the following requirements are satisfied:
 (i) the contract provides midwife professional indemnity cover for the eligible midwife in relation to the claim, or would, but for the limit of the eligible insurer's liability under the contract in relation to a particular claim against the eligible midwife, provide such cover for the midwife in relation to the claim;
 (ii) the limit of the eligible insurer's liability under the contract, in relation to each claim against the midwife, equals or exceeds the Level 2 claim threshold;
 (iii) the eligible insurer is a general insurer, within the meaning of the Insurance Act 1973;
 (iv) the eligible insurer entered into the contract in the ordinary course of the eligible insurer's business; and
 (b) the contract of insurance is not a contract included in a class specified in Rules made for the purposes of this paragraph.

When a certificate is in force
 (5) The certificate comes into force when it is issued and remains in force until it is revoked.

Matters to be identified or specified in certificate
 (6) The certificate must:
 (a) identify:
 (i) the midwife; and
 (ii) the claim; and
 (iii) if the certificate is a Level 2 qualifying claim certificate—the contract of insurance that provides midwife professional indemnity cover for the midwife; and
 (b) specify the Level 1 claim threshold or the Level 2 claim threshold, as the case requires.
The certificate may also contain other material.

ART review of decision to refuse
 (7) An application may be made to