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MEDICAL INDEMNITY (PRUDENTIAL SUPERVISION AND PRODUCT STANDARDS) ACT 2003 - SECT 26D

Notification and record - keeping

Offences--giving notice

  (1)   A person (the insurer ) commits an offence if:

  (a)   the insurer provides medical indemnity cover under subsection   26A(1) or 26C(1); and

  (b)   the insurer does not give to the person to whom the cover is provided a written notice stating:

  (i)   the nature and range of incidents it covers; and

  (ii)   the terms and conditions on which it is provided.

Penalty:   Imprisonment for 6 months.

  (2)   A person (the insurer ) commits an offence if:

  (a)   the insurer provides medical indemnity cover under subsection   26A(1) or 26C(1); and

  (b)   the insurer does not, within the notification period, give to the Chief Executive Medicare a written notice stating:

  (i)   the name of the practitioner for whom the medical indemnity cover is provided; and

  (ii)   the date from which the medical indemnity cover took effect; and

  (iii)   such other matters as are determined, by legislative instrument, by the Minister administering the Medical Indemnity Act 2002 .

Penalty:   Imprisonment for 6 months.

  (2A)   The notification period for the purposes of paragraph   (2)(b) is a period, starting on the day after the day on which the insurer provides the medical indemnity cover in question, of:

  (a)   61 days; or

  (b)   such greater number of days as the Minister administering the Medical Indemnity Act 2002 determines by legislative instrument.

Offence--record - keeping

  (4)   A person (the insurer ) commits an offence if:

  (a)   the insurer provides medical indemnity cover under subsection   26A(1) or 26C(1); and

  (b)   the insurer gives written notice as required by subsection   (1) of this section to the person to whom the cover is provided; and

  (c)   the insurer does not keep a copy of the notice for the period starting when the notice is given and ending 5 years after the insurer ceases to provide the cover.

Note:   Paragraph   26A(4)(e) sets out the period for which the insurer must provide the cover.

Penalty:   Imprisonment for 6 months.


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