Document ID: chunk:federal_register_of_legislation:C2023C00421:section:22:p2
Version: federal_register_of_legislation:C2023C00421
Segment Type: section
Provision Reference: s 22 (pt 2/3)
Character Range: 40776–43622

cover for a health care professional under the regulated insurance contract; and
 (c) the regulated insurance contract is entered into, comes into effect or is renewed before the client has given the insurer a written response to the compulsory offer; and
 (d) the medical indemnity cover does not relate to all compensation claims that are made against the health care professional, during a period that includes the whole of the claims period for the regulated insurance contract, in relation to the health care professional's otherwise uncovered prior incidents.
Penalty: Imprisonment for 12 months.

Offence—record keeping
 (3) A person (the insurer) commits an offence if:
 (a) a regulated insurance contract is entered into, comes into effect or is renewed; and
 (b) the insurer provides medical indemnity cover for a health care professional under the regulated insurance contract; and
 (c) the insurer does not keep a copy of the following:
 (i) the compulsory offer;
 (ii) if the client gives the insurer a written response to the compulsory offer—that response;
 (iii) any other offer that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;
 (iv) any invitations that the insurer makes to the client, while the compulsory offer is open for acceptance by the client, to make an offer to enter into a contract of insurance under which the insurer would provide medical indemnity cover for the health care professional in relation to an otherwise uncovered prior incident of the health care professional;
  for the period of 5 years starting on the day on which the compulsory offer is made.
Penalty: Imprisonment for 6 months.

Defences for offences against subsections (1), (2) and (3)
 (4) Subsections (1), (2) and (3) do not apply if:
 (a) the regulated insurance contract provides medical indemnity cover for the health care professional in relation to all the compensation claims referred to in paragraph (1)(c); or
 (b) the health care professional has no otherwise uncovered prior incidents; or
 (c) every health care incident covered by the regulated insurance contract is, or would be, one occurring outside Australia and the external Territories.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (4A) In determining whether a regulated insurance contract provides the cover referred to in paragraph (4)(a) for a health care professional, disregard:
 (a) an otherwise uncovered prior incident of the health care professional; or
 (b) a compensation claim in relation to an incident of that kind;
if it is reasonable and appropriate for the