Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 39

Records to be kept by person who applies for payment

             (1)  A person who applies for an indemnity scheme payment, or a payment under the IBNR Claims Protocol, the High Cost Claims Protocol, the Exceptional Claims Protocol or the Run-off Cover Claims and Administration Protocol, must keep records relevant to the following matters:

                     (a)  the payability of the payment;

                     (b)  the amount of the payment payable;

                     (c)  any amount paid to the person that results in a person being liable to pay an amount under section 24, 34T or 34ZJ;

                     (d)  any other matter determined by the Chief Executive Medicare.

Note:          Failure to keep the records is an offence (see section 47).

Records to be kept by person who applies for a qualifying claim certificate

          (1A)  A person who applies for the issue of a qualifying claim certificate in relation to a claim must keep records that are relevant to the following:

                     (a)  matters related to whether the criteria specified in subsection 34E(1) are satisfied in relation to the claim;

                     (b)  any other matter determined by the Chief Executive Medicare.

Note:          Failure to keep the records is an offence (see section 47).

Records to be retained for certain period

             (2)  The records must be retained for a period of 5 years (or any other period prescribed by the regulations) starting on the later of:

                     (a)  the day on which the records were created; or

                     (b)  whichever of the following days applies:

                              (i)  if the record is required to be kept because the person applied for an IBNR indemnity or a high cost claim indemnity--the day on which this Act commenced;

                            (ia)  if the record is required to be kept because the person applied for a payment under the IBNR Claims Protocol--the day on which the Protocol took effect;

                            (ib)  if the record is required to be kept because the person applied for a payment under the High Cost Claims Protocol--the day on which the Protocol took effect;

                             (ii)  if the record is required to be kept because the person applied for an exceptional claims indemnity or a qualifying claim certificate--the day on which Division 2A commenced;

                            (iii)  if the record is required to be kept because the person applied for a payment under the Exceptional Claims Protocol--the day on which the Protocol took effect;

                            (iv)  if the record is required to be kept because the person applied for a run-off cover indemnity--the day on which Division 2B commenced;

                             (v)  if the record is required to be kept because the person applied for a payment under the Run-off Cover Claims and Administration Protocol--the day on which the Protocol took effect.

Note:          Failure to retain the records is an offence (see section 47).

Determination of additional matters to be gazetted

             (3)  A determination by the Chief Executive Medicare under paragraph (1)(d) or (1A)(b) must:

                     (a)  be published in the Gazette ; and

                     (b)  not take effect earlier than 14 days after the day on which it is published in the Gazette .

Retrospective effect not intended

             (4)  Nothing in this section is to be taken to have required a person to do an act or thing before the commencement of this Act.