Document ID: chunk:federal_register_of_legislation:C2004A01310:clause:1_34zb:p1
Version: federal_register_of_legislation:C2004A01310
Segment Type: clause
Provision Reference: sch 1 cl 34ZB (pt 1/2)
Character Range: 16003–18614

34ZB  Eligible run‑off claims

 (1) A claim is an eligible run‑off claim if:
 (a) it is a claim made against a person who, at the time the claim is made, is a person to whom subsection (2) applies; and
 (b) it relates to an incident, or a series of related incidents, that occurred in the course of, or in connection with, the person's practice as a medical practitioner; and
 (c) at the time of the incident, or one or more of the incidents:
 (i) a contract of insurance provided the person with medical indemnity cover; or
 (ii) an arrangement with an 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 the claim if the claim had been made at that time; and
 (d) if a termination date for the run‑off cover indemnity scheme has been set (see subsection (3)), the person:
 (i) was, immediately before the termination date, a person to whom subsection 34ZB(2) applies; and
 (ii) continued to be such a person for the whole of the period between the termination date and the time when an MDO or insurer was first notified of the claim, or of facts that might give rise to the claim; and
 (e) the person has medical indemnity cover that indemnifies the person in relation to the claim, being cover that:
 (i) is required to be provided under Division 2A of Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003; or
 (ii) is incident‑occurring based cover provided by an MDO.

Note: For the meaning of incident‑occurring based cover, see subsections 7(2A) and (3).

 (2) This subsection applies to a person who is one or more of the following:
 (a) a person aged 65 years or over who has retired permanently from private medical practice;
 (b) a person who has not engaged in private medical practice at any time during the preceding period of 3 years;
 (c) a person who has ceased (temporarily or permanently) private medical practice because of maternity;
 (d) a person who has ceased private medical practice because of a permanent disability;
 (e) a person who is the legal personal representative of a deceased person who had been a medical practitioner;
 (f) a person who is included in a class of persons that the regulations specify as persons to whom this subsection applies.
However, a person is not a person to whom this subsection applies if the person is included in a class of persons that the regulations specify as a class of persons to whom this subsection does not apply.

 (3) The regulations