Commonwealth Consolidated Acts

MEDICAL INDEMNITY ACT 2002 - SECT 31

  (1)   This section applies if:

  (a)   an MDO pays, or is liable to pay, an amount in relation to a claim that relates to an incident or a series of incidents; and

  (b)   an insurer also pays, or is also liable to pay, an amount (the insurer amount ) in relation to the same claim or in relation to an eligible related claim; and

  (c)   but for this section, a high cost claim indemnity in respect of the insurer amount:

  (i)   would be payable to the insurer under subsection   30(1); or

  (ii)   would be payable to the insurer under that subsection if paragraph   30(1)(f) were omitted; and

  (d)   the insurer elects in writing to have this section apply to the insurer amount.

  (2)   For the purposes of this Division (other than this section):

  (a)   the MDO is taken:

  (i)   to have paid, or to be liable to pay, the insurer amount in relation to the claim or eligible related claim; and

  (ii)   to satisfy paragraphs 30(1)(e) and (2)(a) to (c) in relation to the insurer amount; and

  (iii)   to have been notified of the incident, claim or eligible related claim when the insurer was first notified of the incident, claim or eligible related claim; and

  (b)   a high cost claim indemnity is not payable to the insurer in respect of the insurer amount.