Document ID: chunk:federal_register_of_legislation:C2024C00534:section:34zzk:p2
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 34ZZK (pt 2/2)
Character Range: 177702–179973

the insurer's business; and
 (h) if a termination date for the allied health exceptional claims indemnity scheme is set (see section 34ZZM), the incident, or one or more of the incidents, to which the claim relates occurred before the allied health termination date; and
 (i) the claim is not a claim specified in rules made for the purposes of this paragraph; and
 (j) the contract of insurance is not a contract specified in rules made for the purposes of this paragraph; and
 (k) a person has applied for the certificate in accordance with section 34ZZN; and
 (l) the Chief Executive Medicare could not issue a qualifying claim certificate in relation to the claim if an application for the certificate were made in accordance with section 34H.
Note 1: Paragraph (f)—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 34ZZT.
Note 2: Paragraph (h)—for what happens if some, but not all, of the incidents in a series occur after the allied health termination date, see section 34ZZU.

When a certificate is in force
 (3) The certificate comes into force when it is issued and remains in force until it is revoked.

Matters to be identified or specified in certificate
 (4) The certificate must:
 (a) identify:
 (i) the practitioner; and
 (ii) the claim; and
 (iii) the contract of insurance in relation to which paragraph (1)(g) is satisfied; and
 (b) specify the relevant allied health threshold.
The certificate may also contain other material.

ART review of decision to refuse
 (5) Applications may be made to the Administrative Review Tribunal for review of decisions of the Chief Executive Medicare to refuse to issue a qualifying allied health claim certificate.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.

Chief Executive Medicare to give applicant copy of certificate
 (6) If the Chief Executive Medicare decides to issue a qualifying allied health claim certificate, the Chief Executive Medicare must, within 28 days of making the decision, give the applicant a copy of the certificate. However, a failure to comply does not affect the validity of the decision.