Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:1_34zn
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 1 cl 34ZN
Character Range: 31486–33590

34ZN  Minister may determine a protocol dealing with various matters

 (1) The Minister may, by writing, determine a protocol (the Run‑off Cover Claims and Administration Protocol) for:
 (a) making payments to MDOs and medical indemnity insurers of claim handling fees in respect of eligible run‑off claims; and
 (b) making payments on account of legal, administrative or other costs incurred by MDOs and medical indemnity insurers (whether on their own behalf or otherwise) in respect of eligible run‑off claims; and
 (c) making payments on account of legal, administrative or other costs incurred by medical indemnity insurers (whether on their own behalf or otherwise) in respect of complying with Division 2A of Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003.

 (2) Without limiting subsection (1), the Run‑off Cover Claims and Administration Protocol may:
 (a) make provision for:
 (i) the conditions that must be satisfied for an amount to be payable to an MDO or medical indemnity insurer; and
 (ii) the amount that is payable; and
 (iii) the conditions that must be complied with by an MDO or medical indemnity insurer to which an amount is paid; and
 (iv) other matters related to the making of payments, and the recovery of overpayments; and
 (b) provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under the Protocol.

 (3) Paragraph (2)(b) does not allow the Run‑off Cover Claims and Administration Protocol to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.

 (4) The Run‑off Cover Claims and Administration Protocol may also provide for other matters of a kind specified in regulations made for the purposes of this subsection.

 (5) The instrument determining the Run‑off Cover Claims and Administration Protocol, and any instruments amending or revoking the Protocol, are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.