Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 19

                   An IBNR indemnity is not payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim against a person if:

                     (a)  the incident, or all the incidents, to which the claim relates occurred in the course of the provision of treatment to a public patient in a public hospital; or

                     (b)  a determination by the Chief Executive Medicare is in force under section 53 in relation to the person; or

                     (c)  the payment is an insurer-to-insurer payment; or

                    (ca)  a run-off cover indemnity is payable to the MDO or insurer in relation to the same claim; or

                     (d)  the payment is a payment prescribed by the regulations for the purposes of this section.