Document ID: chunk:federal_register_of_legislation:C2024C00534:section:4:p1
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 4 (pt 1/7)
Character Range: 18066–20912

4  Definitions

General
 (1) In this Act, unless the contrary intention appears:
Actuary means the Australian Government Actuary.
administrative action has the meaning given by subsection 76A(4).
AFCA has the same meaning as in the Corporations Act 2001.
affected medical practitioner has the meaning given by section 34ZQ.
allied health exceptional claims indemnity means an allied health exceptional claims indemnity paid or payable under Division 2D of Part 2.
Note: Amounts payable under regulations made for the purposes of section 34ZZZD (allied health exceptional claims payments) are not covered by this definition.
allied health high cost claim indemnity means an allied health high cost claim indemnity paid or payable under Division 2C of Part 2.
Note: Amounts payable under regulations made for the purposes of section 34ZZG (allied health high cost claims payments) are not covered by this definition.
allied health high cost claim threshold has the meaning given by section 34ZZA.
allied health profession means a profession that is:
 (a) a health profession within the meaning of the Health Practitioner Regulation National Law, other than the medical profession; or
 (b) specified in the rules.
allied health termination date means the date, if any, set by rules under section 34ZZM.
Chapter 5 body corporate means:
 (a) a body corporate that is a Chapter 5 body corporate within the meaning of the Corporations Act 2001; or
 (b) a body corporate to which a provisional liquidator has been appointed.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
claim:
 (a) means a claim or demand of any kind (whether or not involving legal proceedings); and
 (b) includes proceedings of any kind including:
 (i) proceedings before an administrative tribunal or of an administrative nature; and
 (ii) disciplinary proceedings (including disciplinary proceedings conducted by or on behalf of a professional body); and
 (iii) an inquiry or investigation;
and claim against a person includes an inquiry into, or an investigation of, the person's conduct.
Note: Subsection (1A) extends the meaning of claim for the purposes of Division 2B of Part 2 (run‑off cover indemnity scheme).
conducted appropriately: a defence of a claim against a person is conducted appropriately if, and only if:
 (a) to the extent it is conducted on the person's behalf by an insurer, or by a legal practitioner engaged by an insurer—the defence is conducted to a standard that is consistent with the insurer's usual standard for the conduct of the defence of claims; and
 (b) to the extent it is conducted by the person, or by a legal practitioner engaged by the person—the defence is conducted prudently.
contribution year has the same meaning as in the Medical Indemnity (Run‑off Cover Support Payment) Act 2004.
defence,