Medical Indemnity Rules 2020 (Cth)

Medical Indemnity Rules 2020 made under the

Medical Indemnity Act 2002

Compilation No. 5

Compilation date: 1 January 2023

Includes amendments up to: F2022L01677

About this compilation

This compilation

This is a compilation of the Medical Indemnity Rules 2020 that shows the text of the law as amended and in force on 1 January 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Name 3 Authority 4 Definitions Part 2—Commonwealth payments Division 1—IBNR indemnity scheme 5 Late payment penalty rate for recovery of amount paid to MDO or insurer after IBNR indemnity paid Division 2—High cost claim indemnity scheme 6 High cost claim threshold Division 3—Exceptional claims indemnity scheme 7 Circumstances for claim relating to overseas incident to be qualifying claim Division 4—Run‑off cover indemnity scheme 8 Persons against whom eligible run‑off claims are made 9 Late payment penalty rate for recovery of overpaid run‑off cover indemnity 10 Applicable interest rate for working out total run‑off cover credits Division 5—Allied health high cost claim indemnity scheme 11 Eligible insurers 12 Allied health high cost claim threshold Division 6—Allied health exceptional claims indemnity scheme 13 Circumstances for claim relating to overseas incident to be qualifying claim Part 3—Universal cover obligation 14 Circumstances in which medical indemnity insurer may refuse professional indemnity cover 15 Notice of refusal to enter into contract of insurance for professional indemnity cover 16 Maximum amount of risk surcharge 17 Amount of risk surcharge to be identified without GST in offer of insurance 18 Records of refusals to provide professional indemnity cover 19 Records of risk surcharges 20 Matters to be reported annually Part 4—Payments towards the cost of providing indemnities 21 Late payment penalty rate for run‑off cover support payment 22 Methods of paying run‑off cover support payment or related late payment penalty Part 5—Application, transitional and saving provisions Division 1—Temporary measure relating to eligible run-off claims 23 Eligible run‑off claims Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history