Document ID: chunk:federal_register_of_legislation:C2004A01206:clause:2_34e:p1
Version: federal_register_of_legislation:C2004A01206
Segment Type: clause
Provision Reference: sch 2 cl 34E (pt 1/2)
Character Range: 23076–25659

34E  When may the HIC certify a claim as a qualifying claim?

Criteria for certification

 (1) The HIC may issue a certificate stating that a claim is a qualifying claim if the HIC is satisfied that:
 (a) the claim is a claim for compensation or damages that is or was made by a person against another person (the practitioner); and
 (b) the claim relates to:
 (i) an incident that occurs or occurred; or
 (ii) a series of related incidents that occur or occurred;
  in the course of, or in connection with, the practice by the practitioner of a medical profession; and
 (c) either:
 (i) the incident occurs or occurred; or
 (ii) one or more of the incidents in the series occurs or occurred;
  in Australia or an external Territory; and
 (d) the incident did not occur, or the incidents did not all occur, in the course of the provision of treatment to a public patient in a public hospital; and
 (e) there is a contract of insurance in relation to which the following requirements are satisfied:
 (i) the contract provides medical indemnity cover for the practitioner in relation to the claim, or would, but for the practitioner's contract limit, provide such cover for the practitioner in relation to the claim;
 (ii) the practitioner's contract limit equals or exceeds the relevant threshold (see section 34F);
 (iii) the insurer is a general insurer, within the meaning of the Insurance Act 1973;
 (iv) the insurer entered into the contract in the ordinary course of the insurer's business; and
 (f) the insurer was first notified of the claim, or of facts that might give rise to the claim, on or after 1 January 2003; and
 (g) if a termination date for the exceptional claims indemnity scheme is set (see section 34G), the incident, or one or more of the incidents, to which the claim relates occurred before the termination date; and
 (h) the claim is not a claim of a class specified in regulations made for the purposes of this paragraph; and
 (i) the contract of insurance is not a contract of a class specified in regulations made for the purposes of this paragraph; and
 (j) a person has applied for the certificate in accordance with section 34H.

Note 1: Paragraph (d)—for what happens if some, but not all, of the incidents in a series occur in the course of the provision of treatment to a public patient in a public hospital, see section 34N.

Note 2: Paragraph (g)—for what happens if some, but not all, of the incidents in a series occur after the termination date, see section 34O.

When a certificate is in force

 (2) The certificate comes into force when it