Document ID: chunk:federal_register_of_legislation:C2024C00534:section:4:p6
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 4 (pt 6/7)
Character Range: 30799–33287

meaning given by section 34ZS.
UMP means United Medical Protection Limited.

Notifications by practitioners may constitute claims
 (1A) A reference in Division 2B of Part 2 to a claim includes a reference to a notification by or on behalf of a person of an incident, or a series of related incidents, if:
 (a) at the time of the incident, or one or more of the incidents, the person was a medical practitioner; and
 (b) the notification is to a medical indemnity insurer or an MDO; and
 (c) at the time of the notification:
 (i) a contract of insurance with the insurer provided the person with medical indemnity cover; or
 (ii) an arrangement with the MDO provided medical indemnity cover (within the meaning of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003) for the person;
  and the cover would have indemnified the person in relation to any claim relating to the incident, or series of incidents, if the claim had been made at the time of the notification.
The notification is taken, for the purposes of Division 2B of Part 2, to be a claim against the person.

Indemnifying
 (2) To avoid doubt, a person may, for the purposes of this Act, indemnify someone else by either:
 (a) making a payment; or
 (b) agreeing to make a payment.
Note: A person may indemnify someone else by making a payment even if the payment was not preceded by an agreement to pay.

Payments in relation to claims
 (3) For the purposes of this Act (other than Divisions 2A and 2D of Part 2):
 (a) a payment is made in relation to a claim against a person if and only if the payment is made to:
 (i) satisfy or settle the claim; or
 (ii) meet legal and other expenses that are directly attributable to any negotiations, arbitration or proceedings in relation to the claim; and
 (b) a payment is made in relation to a claim by a person if and only if the payment is made to meet legal and other expenses that are directly attributable to any negotiations, arbitration or proceedings in relation to the claim.
 (4) A reference in this Act (other than Divisions 2A and 2D of Part 2) to a payment being made to satisfy or settle a claim against a person includes a reference to a payment that:
 (a) is made to reimburse the person for a payment the person has made to satisfy or settle the claim; or
 (b) is made to the person so that the person can make a payment to satisfy or settle the claim.

Changes in body corporate names
 (5) A reference in this Act to a body corporate by a