Medical Indemnity Act 2002

An application for an exceptional claims indemnity in relation to a qualifying liability that relates to a claim may be made by the person against whom the claim is or was made, or by a person acting on that person’s behalf.

An application for an allied health exceptional claims indemnity in relation to a qualifying allied health liability that relates to a claim may be made by the person against whom the claim is or was made, or by a person acting on that person’s behalf.

An application under subsection (1) or (1A) must:

be made in writing using a form approved by the Chief Executive Medicare; and

be accompanied by the documents and other information required by the form approved by the Chief Executive Medicare.

Subject to subsection (5), the application cannot be made more than 28 days after:

if the liability is under a judgment or order of a court—the date on which the judgment or order became or becomes a judgment or order that is not stayed and is not subject to appeal; or

if the liability is under a settlement of the claim—the date on which the settlement agreement was entered into; or

if the liability is some other kind of liability—the date on which the liability was incurred.

The Chief Executive Medicare may accept a late application if the Chief Executive Medicare considers that there are good reasons for doing so.

An application may be made to the Administrative Review Tribunal for review of a decision of the Chief Executive Medicare not to accept a late application.

Section 266 of the Administrative Review Tribunal Act 2024 requires notification of a decision that is reviewable.