Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument amends the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010 to change the eligibility of the High Cost Claims Scheme and Exceptional Claims Scheme established under the Medical Indemnity Act 2002 to enable private sector employee midwives to be covered where they are not covered.
Administered by: Health
Registered 13 Nov 2019
Tabling HistoryDate
Tabled Senate14-Nov-2019
Tabled HR25-Nov-2019
To be repealed 25 Feb 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Commonwealth Coat of Arms of Australia

 

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment (Eligible Midwives) Rules 2019

I, Greg Hunt, Minister for Health, make the following Rules.

Dated   6 November 2019                               

Greg Hunt

Minister for Health

 


1  Name

                   This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment (Eligible Midwives) Rules 2019.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of these Rules

1 July 2010

1 July 2010

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 90 of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2010

1  After rule 4

Insert:

5AA.      Exclusion from the term eligible midwife (1 July 2010 to 1 July 2020)

(1)        This rule takes effect on 1 July 2010 and ceases to have effect on 1 July 2020.

(2)        For paragraph (c) of the definition of eligible midwife in subsection 5(1) of the Act, the class of persons described in subrule (3) is specified.

(3)        The class of persons is those persons who meet the following criteria:

(a)                    the person is engaged as an employee to practise as a midwife;

(b)                   the person’s practice is not in a class of practice specified pursuant to subsection 11(3A) of the Act;

(c)                    the person’s employer is a party to a contract of insurance, with an eligible insurer, that indemnifies the employer in relation to claims that may be made against the employer in relation to incidents that occur or occurred in the course of, or in connection with, the practice by employees of the employer, including the person, of the profession of midwifery.