Document ID: chunk:federal_register_of_legislation:C2024A00126:clause:1_71
Version: federal_register_of_legislation:C2024A00126
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 17589–18532

71  Subsection 53(1)
Repeal the subsection, substitute:
 (1) An eligible insurer in relation to a claim made against a midwife or eligible entity for a midwife must apply for the issue of an apportionment certificate in relation to the claim if the eligible insurer considers that:
 (a) for a claim made against a midwife—there is a person other than the midwife against whom a claim has been, or is reasonably likely to be, made in relation to the incident to which the claim relates; or
 (b) for a claim made against an eligible entity—there is a person other than the entity against whom a claim has been, or is reasonably likely to be, made in relation to the incident to which the claim relates.
Note: For claims relating to a Birthing on Country out‑of‑hospital incident, a person referred to in paragraph (a) may include the eligible entity for the midwife, and a person referred to in paragraph (b) may include the midwife concerned.