Commonwealth Consolidated Acts Commonwealth Consolidated ActsA medical indemnity insurer must not refuse to enter into a contract of insurance with a medical practitioner to provide professional indemnity cover unless:
(a) in relation to a contract of insurance between the practitioner and the insurer to provide professional indemnity cover, the practitioner:
(i) failed to comply with the duty of the utmost good faith (within the meaning of the Insurance Contracts Act 1984 ); or
(ii) failed to comply with the duty of disclosure (within the meaning of that Act); or
(iii) made a misrepresentation to the insurer during the negotiations for the contract but before it was entered into; or
(iv) failed to comply with a provision of the contract, including a provision with respect to payment of the premium; or
(v) made a fraudulent claim under the contract; or
(b) the practitioner places the public at risk of substantial harm in the practitioner's private medical practice because the practitioner has an impairment (within the meaning of the Health Practitioner Regulation National Law); or
(c) the practitioner's private medical practice poses an unreasonable risk of substantial harm to the public or patients; or
(d) the practitioner poses an unreasonable risk of harm to members of the insurer's staff because of persistent threatening or abusive behaviour towards members of the insurer's staff; or
(e) the practitioner has persistently failed to comply with reasonable risk management requirements of the insurer; or
(f) the circumstances specified in the rules apply.