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MEDICAL INDEMNITY ACT 2002 - SECT 27B

The Chief Executive Medicare may request information

  (1)   If the Chief Executive Medicare believes that a person is capable of giving information that is relevant to determining:

  (a)   whether an MDO or insurer is entitled to a payment under regulations made for the purposes of section   27A; or

  (b)   the amount that is payable to an MDO or insurer under regulations made for the purposes of section   27A;

the Chief Executive Medicare may request the person to give the Chief Executive Medicare the information.

Note:   Failure to comply with the request is an offence (see section   45).

  (2)   Without limiting subsection   (1), any of the following persons may be requested to give information under that subsection:

  (a)   an MDO;

  (b)   an insurer;

  (c)   a member or former member of an MDO;

  (d)   a person who practises, or used to practise, a medical profession;

  (e)   a person who is acting, or has acted, on behalf of a person covered by paragraph   (d);

  (f)   a legal personal representative of a person covered by paragraph   (c), (d) or (e).

  (3)   Without limiting subsection   (1), if the information sought by the Chief Executive Medicare is information relating to a matter in relation to which a person is required by section   39 to keep a record, the Chief Executive Medicare may request the person to give the information by giving the Chief Executive Medicare the record, or a copy of the record.

  (4)   The request:

  (a)   must be made in writing; and

  (b)   must state what information must be given to the Chief Executive Medicare; and

  (c)   may require the information to be verified by statutory declaration; and

  (d)   must specify a day on or before which the information must be given; and

  (e)   must contain a statement to the effect that a failure to comply with the request is an offence.

The day specified under paragraph   (d) must be at least 28 days after the day on which the request was made.


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