Document ID: chunk:federal_register_of_legislation:C2024C00534:section:34zb:p1
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 34ZB (pt 1/2)
Character Range: 123444–126041

34ZB  Eligible run‑off claims
 (1) A claim is an eligible run‑off claim if:
 (a) it is a claim made against a person who, at the time the claim is made, is a person to whom subsection (2) applies; and
 (b) it relates to an incident, or a series of related incidents, that occurred in the course of, or in connection with, the person's practice as a medical practitioner; and
 (d) if a termination date for the run‑off cover indemnity scheme has been set (see subsection (3)), the person:
 (i) was, immediately before the termination date, a person to whom subsection (2) applies; and
 (ii) continued to be such a person for the whole of the period between the termination date and the time when an MDO or insurer was first notified of the claim, or of facts that might give rise to the claim; and
 (e) the person has medical indemnity cover that indemnifies the person in relation to the claim, being cover that:
 (i) is required to be provided under Division 2A of Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003; or
 (ii) is incident‑occurring based cover provided by an MDO.
Note: For the meaning of incident‑occurring based cover, see subsections 7(2A) and (3).
 (2) This subsection applies to a person who is one or more of the following:
 (a) a person who has retired permanently from private medical practice;
 (b) a person who has not engaged in private medical practice at any time during the preceding period of 3 years;
 (c) a person who has ceased (temporarily or permanently) the person's practice as a medical practitioner because of maternity (see subsection (4A));
 (d) a person who has ceased the person's practice as a medical practitioner because of permanent disability (see subsection (4B));
 (e) a person who is the legal personal representative of a deceased person who had been a medical practitioner;
 (f) a person who is included in a class of persons that the rules specify as persons to whom this subsection applies.
However, a person is not a person to whom this subsection applies if the person is included in a class of persons that the rules specify as a class of persons to whom this subsection does not apply.
 (3) The rules may set a termination date for the run‑off cover indemnity scheme.
 (4) The termination date cannot be a date occurring before the end of the period of 12 months after the day on which the rules in question are registered on the Federal Register of Legislation.
 (4A) A person is taken, for the purposes of paragraph (2)(c), to have ceased the person's practice as a medical practitioner because of