Medical Indemnity Act 2002

This section applies if:

an eligible 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

an eligible 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

but for this section, an allied health high cost claim indemnity in respect of the insurer amount:

would be payable to the insurer under subsection 34ZZB(1); or

would be payable to the insurer under that subsection if paragraph 34ZZB(1)(h) were omitted; and

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

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

the MDO is taken:

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

to satisfy paragraphs 34ZZB(1)(g) and (4)(a) to (c) in relation to the insurer amount; and

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

an allied health high cost claim indemnity is not payable to the insurer in respect of the insurer amount.