Document ID: chunk:federal_register_of_legislation:C2005A00025:clause:1_2
Version: federal_register_of_legislation:C2005A00025
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 8600–9686

2  After subsection 4(1)
Insert:

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 or other health professional; 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.