Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Division provides that an exceptional claims indemnity may be paid in relation to a liability of a person if:
(a) the liability relates to a claim against the person in relation to an incident that occurs in the course of, or in connection with, the practice by the person of a medical profession (other than practice as an eligible midwife), being a claim that has been certified as a qualifying claim; and
(b) the liability exceeds the amount payable under an insurance contract that has a contract limit satisfying the relevant threshold.
(2) This Division also provides for the determination of an Exceptional Claims Protocol that can deal with other matters relating to claims that have been certified as qualifying claims.
(3) The following table tells you where to find the provisions dealing with various issues:
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Where to find the provisions on various issues |
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|
Item |
Issue |
Provisions |
|
1 |
certification of claims that qualify for exceptional claims indemnity (including the threshold requirement for the insurance contract) |
sections 34E to 34K |
|
2 |
when is an exceptional claims indemnity payable in respect of a liability? |
sections 34L and 34M |
|
3 |
some liabilities are only partly covered |
sections 34N and 34O |
|
4 |
how much exceptional claims indemnity is payable? |
section 34P |
|
5 |
how must an exceptional claims indemnity be applied? |
section 34Q |
|
6 |
who is liable to repay an overpayment of exceptional claims indemnity? |
section 34R |
|
7 |
what if a payment is received that would have reduced the amount of an insurance payment? |
sections 34S to 34W |
|
8 |
the Exceptional Claims Protocol, and what it can deal with |
sections 34X and 34Y |
|
9 |
modifications and exclusions by regulations |
section 34Z |
|
10 |
how does a person apply for an exceptional claims indemnity? |
section 37A |
|
11 |
when will an exceptional claims indemnity be paid? |
section 37B |
|
12 |
what information has to be provided to the Chief Executive Medicare about exceptional claims matters? |
section 38 |
|
13 |
what records must be kept in relation to exceptional claims matters? |
section 39 |
|
14 |
how are overpayments of exceptional claims indemnity recovered? |
sections 41 and 42 |
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