Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010

The Minister for Health and Ageing makes these Rules under section 90 of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.

Dated   1   June 2010

NICOLA ROXON

Minister for Health and Ageing

Contents

Part 1                   Preliminary                                                                                           3

1.           Name of Rules                                                                                        3

2.           Commencement                                                                                      3

3.           Definitions                                                                                               3

Part 2                   Definitions, requirements and specified rates                                       4

4.           Meaning of the term eligible insurer                                                           4

5.           Meaning of the term eligible midwife                                                          4

6.           Late payment of overpayment —penalty rate                                              4

7.           Late payment of overpayment —penalty rate                                              4

8.           Late payment of run-off cover support payment — penalty rate                     5

Part 1        Preliminary

1.      Name of Rules

These Rules are the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010.

2.      Commencement

These Rules commence on the day after they are registered.

3.      Definitions

In these Rules:

Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.

Board means the Nursing and Midwifery Board of Australia.

Part 2        Definitions, requirements and specified rates

4.                      Meaning of the term eligible insurer

An eligible insurer means a body corporate who is included in the class of insurers comprising of Medical Insurance Australia Pty Ltd.   

5.                      Meaning of the term eligible midwife

(1)        For the purposes paragraph 5(1)(b) of the definition of eligible midwife in the Act, the person has to meet the requirements that are specified in subrule (2). 

(2)        The requirements that a person must meet are that the person must have:

(a)                    Current general registration as a midwife in Australia with no restrictions on practice;

(b)                   Midwifery experience that constitutes the equivalent of 3 years full time post initial registration as a midwife;

(c)                    Current competence, as recognised by the Board, to provide pregnancy, labour, birth and post natal care to women and their infants;

(d)                   Successfully completed a professional practice review program approved by the Board for midwives working across the continuum of midwifery care;

(e)                    undertaken 20 additional hours per year of continuing professional development relating to the continuum of midwifery care; and

(f)                     either successfully completed, or provided a formal undertaking to the Board that they will complete within 18 months of recognition as an eligible midwife:

(i)                      an accredited and approved program of study determined by the Board to develop midwives’ knowledge and skills in prescribing, or

(ii)                     a program, recognised by the Board, that is substantially equivalent to such an approved program of study.

6.                      Late payment of overpayment —penalty rate

For paragraph 28(2)(a) of the Act, the rate of 0.03% per day is specified.

7.                      Late payment of overpayment —penalty rate

For paragraph 40(2)(a) of the Act, the rate of 0.03% per day is specified.

8.                      Late payment of run-off cover support payment — penalty rate

For paragraph 76(2)(a) of the Act, the rate of 0.03% per day is specified.

Note:            The rate specified by rules 6, 7 and 8 is the general interest charge rate set by the Australian Taxation Office for the January to March quarter 2010.  The general interest charge is calculated under section 8AAD of the Taxation Administration Act 1953.

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au