Medical Indemnity Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 2502

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Medical Indemnity Act 2002.

Dated 9 October 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Health and Ageing

Schedule 1 Amendment

(regulation 3)

[1] Regulation 8

substitute

8 IBNR indemnity contribution exemption (persons who are 65 or more)

For subsection 52 (4) of the Act, a person is exempt from IBNR indemnity contribution for a contribution year if:

(a) the person turned 65 before the beginning of the contribution year or will turn 65 in that year; and

(b) at least 15 days before the payment day for the contribution year, the person gives to the HIC:

(i) a statutory declaration stating the date the person turned, or will turn, 65; or

(ii) a certified copy of the person’s birth certificate.

8A IBNR indemnity contribution exemption (persons with a disability)

For subsection 52 (4) of the Act, a person is exempt from IBNR indemnity contribution for a contribution year if:

(a) the person has at the beginning of the contribution year, or develops during that year, a physical, intellectual, psychiatric or sensory impairment; and

(b) the person’s impairment is of 20 points or more under the Impairment Tables in Schedule 1B to the Social Security Act 1991; and

(c) the HIC is satisfied that the person has a continuing inability to work in a medical profession because of the person’s impairment.

Note for paragraph (c) Medical profession includes a health care related vocation. Health care related vocation means a health care related vocation that a person must be registered under a State or Territory law to practise. See subsection 4 (1) of the Act.

8B IBNR indemnity contribution exemption (persons who die on or after imposition day)

For subsection 52 (4) of the Act, a person is exempt from IBNR indemnity contribution for a contribution year if:

(a) the person dies on or after the imposition day in the contribution year; and

(b) as soon as practicable after the person’s death, the person’s legal personal representative gives to the HIC:

(i) a statutory declaration, signed by the person’s legal personal representative, stating that the person has died and giving the date of the person’s death; or

(ii) a certified copy of the person’s death certificate.

8C When IBNR indemnity contribution must be paid

For paragraph (b) of item 1 of the table in section 61 of the Act, 1 February 2004 is specified as the payment day for IBNR indemnity contribution for the contribution year beginning on 1 July 2003.