{"id":"F2020L00455","name":"Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020","slug":"midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100997,"registerId":"commonwealth-F2020L00455-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020.\n\n#### 3 Authority\n\n  This instrument is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n### Division 2—Definitions\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) eligible midwife;\n    (b) insurer;\n    (c) midwife professional indemnity cover.\n  In this instrument:\n\n> Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n> general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.\n\n> Note: The general interest charge rate is a daily rate.\n\n> Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means the Safety and Quality Guidelines for Privately Practising Midwives developed by the Nursing and Midwifery Board of Australia, as in force from time to time.\n\n> Note: The Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives can be viewed on the Nursing and Midwifery Board website (https://www.nursingmidwiferyboard.gov.au/).\n\n#### 6 Eligible insurer\n\n  For the purposes of the definition of eligible insurer in subsection 5(1) of the Act, this section specifies the class of insurers each of which has an arrangement with the Commonwealth relating to:\n    (a) the provision, by contracts of insurance with the insurer, of midwife professional indemnity cover; and\n    (b) the provision by the insurer of cover in the nature of midwife professional indemnity run‑off cover (within the ordinary meaning of that term).\n\n#### 7 Requirement for eligible midwife\n\n  (1) For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, this section specifies a requirement to be met by a person who is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory.\n  (2) The person must have the person’s licence, registration or authorisation to practise midwifery endorsed by the Nursing and Midwifery Board of Australia with a statement to the effect that the person is qualified:\n    (a) to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989); and\n    (b) to provide associated services required for midwifery practice in accordance with relevant State and Territory legislation.\n\n#### 8 Eligible entity\n\nFor the purposes of paragraph (a) of the definition of eligible entity in subsection 5(1) of the Act, each of the following persons are specified:\n\n1.  My Midwives Pty Ltd ACN 144 509 777;\n2.  Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853.\n\n#### 8A Intrapartum care\n\nFor the purposes of paragraph (c) of the definition of intrapartum care in subsection 5(1) of the Act, the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed.\n\n## Part 2—Midwife Professional Indemnity Commonwealth Contributions\n\n#### 9 Late payment penalty rate\n\n  For each of the following subsections of the Act, the general interest charge rate for the first day in the period described in paragraph (c) of the subsection is specified for the purposes of paragraph (a) of the subsection:\n    (a) subsection 28(2);\n    (b) subsection 40(2);\n    (c) subsection 76(2).\n\n> Note: The general interest charge rate is a daily rate that, under the relevant subsection of the Act, applies for each day in the period.\n\n#### 10 Applicable interest rates for financial years for working out total run‑off cover credit\n\n  (1) For the purposes of subsection 44(4) of the Act, the rate of interest, for a financial year, is the rate as worked out using the following formula:\n\n![Start formula start fraction index number for the latest March quarter over index number for the earlier March quarter end fraction end formula](image.002.png)\n\n  where:\n\n> index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.\n\n> earlier March quarter, in respect of a financial year, means the index number for the March quarter before the latest March quarter in respect of that financial year.\n\n> latest March quarter, in respect of a financial year, means the index number for the March quarter before the beginning of the financial year.\n\n> Note: Example: For the 2020–21 financial year, the index number for the latest March quarter is the index number for the quarter ending March 2020 and the index number for the earlier March quarter is the index number for the quarter ending March 2019.\n\n  (2) A rate of interest is to be worked out to 3 decimal places.\n  (3) If a rate of interest worked out under subsections (1) and (2) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the rate is to be increased by 0.001.\n  (4) If a rate of interest worked out under subsections (1), (2) and (3) would be less than 1, the rate is to be increased to 1.\n  (5) Subject to subsection (6), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.\n  (6) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.\n\n## Part 3—Application, transitional and saving provisions\n\n### Division 1— Temporary measure relating to eligible run‑off claims\n\n#### 11 Eligible run‑off claims\n\n  (1) For the purposes of paragraph 31(2)(f) of the Act, subsection 31(2) of the Act applies to the persons covered by subsection (2) of this section.\n  (2) Subject to subsection (3) of this section, this subsection covers a person if subsection 31(2) of the Act would apply to the person (disregarding this section) were it not for practice as an eligible midwife that the person begins to engage in during the period:\n    (a) beginning on 2 April 2020; and\n    (b) ending on 21 September 2023.\n  (3) If, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) of this section ceases to cover the person at the end of that day.","sortOrder":0},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020.\n\n#### 3 Authority\n\n  This instrument is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n### Division 2—Definitions\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) eligible midwife;\n    (b) insurer;\n    (c) midwife professional indemnity cover.\n  In this instrument:\n\n> Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n> general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.\n\n> Note: The general interest charge rate is a daily rate.\n\n> Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means the Safety and Quality Guidelines for Privately Practising Midwives developed by the Nursing and Midwifery Board of Australia, as in force from time to time.\n\n> Note: The Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives can be viewed on the Nursing and Midwifery Board website (https://www.nursingmidwiferyboard.gov.au/).\n\n#### 6 Eligible insurer\n\n  For the purposes of the definition of eligible insurer in subsection 5(1) of the Act, this section specifies the class of insurers each of which has an arrangement with the Commonwealth relating to:\n    (a) the provision, by contracts of insurance with the insurer, of midwife professional indemnity cover; and\n    (b) the provision by the insurer of cover in the nature of midwife professional indemnity run‑off cover (within the ordinary meaning of that term).\n\n#### 7 Requirement for eligible midwife\n\n  (1) For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, this section specifies a requirement to be met by a person who is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory.\n  (2) The person must have the person’s licence, registration or authorisation to practise midwifery endorsed by the Nursing and Midwifery Board of Australia with a statement to the effect that the person is qualified:\n    (a) to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989); and\n    (b) to provide associated services required for midwifery practice in accordance with relevant State and Territory legislation.\n\n#### 8 Eligible entity\n\nFor the purposes of paragraph (a) of the definition of eligible entity in subsection 5(1) of the Act, each of the following persons are specified:\n\n1.  My Midwives Pty Ltd ACN 144 509 777;\n2.  Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853.\n\n#### 8A Intrapartum care\n\nFor the purposes of paragraph (c) of the definition of intrapartum care in subsection 5(1) of the Act, the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed.\n\n## Part 2—Midwife Professional Indemnity Commonwealth Contributions\n\n#### 9 Late payment penalty rate\n\n  For each of the following subsections of the Act, the general interest charge rate for the first day in the period described in paragraph (c) of the subsection is specified for the purposes of paragraph (a) of the subsection:\n    (a) subsection 28(2);\n    (b) subsection 40(2);\n    (c) subsection 76(2).\n\n> Note: The general interest charge rate is a daily rate that, under the relevant subsection of the Act, applies for each day in the period.\n\n#### 10 Applicable interest rates for financial years for working out total run‑off cover credit\n\n  (1) For the purposes of subsection 44(4) of the Act, the rate of interest, for a financial year, is the rate as worked out using the following formula:\n\n![Start formula start fraction index number for the latest March quarter over index number for the earlier March quarter end fraction end formula](image.002.png)\n\n  where:\n\n> index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.\n\n> earlier March quarter, in respect of a financial year, means the index number for the March quarter before the latest March quarter in respect of that financial year.\n\n> latest March quarter, in respect of a financial year, means the index number for the March quarter before the beginning of the financial year.\n\n> Note: Example: For the 2020–21 financial year, the index number for the latest March quarter is the index number for the quarter ending March 2020 and the index number for the earlier March quarter is the index number for the quarter ending March 2019.\n\n  (2) A rate of interest is to be worked out to 3 decimal places.\n  (3) If a rate of interest worked out under subsections (1) and (2) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the rate is to be increased by 0.001.\n  (4) If a rate of interest worked out under subsections (1), (2) and (3) would be less than 1, the rate is to be increased to 1.\n  (5) Subject to subsection (6), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.\n  (6) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.\n\n## Part 3—Application, transitional and saving provisions\n\n### Division 1— Temporary measure relating to eligible run‑off claims\n\n#### 11 Eligible run‑off claims\n\n  (1) For the purposes of paragraph 31(2)(f) of the Act, subsection 31(2) of the Act applies to the persons covered by subsection (2) of this section.\n  (2) Subject to subsection (3) of this section, this subsection covers a person if subsection 31(2) of the Act would apply to the person (disregarding this section) were it not for practice as an eligible midwife that the person begins to engage in during the period:\n    (a) beginning on 2 April 2020; and\n    (b) ending on 21 September 2023.\n  (3) If, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) of this section ceases to cover the person at the end of that day.","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.","sortOrder":3},{"sectionNumber":"Division 2","sectionType":"division","heading":"Definitions","content":"## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020.\n\n#### 3 Authority\n\n  This instrument is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n### Division 2—Definitions\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) eligible midwife;\n    (b) insurer;\n    (c) midwife professional indemnity cover.\n  In this instrument:\n\n> Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n> general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.\n\n> Note: The general interest charge rate is a daily rate.\n\n> Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means the Safety and Quality Guidelines for Privately Practising Midwives developed by the Nursing and Midwifery Board of Australia, as in force from time to time.\n\n> Note: The Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives can be viewed on the Nursing and Midwifery Board website (https://www.nursingmidwiferyboard.gov.au/).\n\n#### 6 Eligible insurer\n\n  For the purposes of the definition of eligible insurer in subsection 5(1) of the Act, this section specifies the class of insurers each of which has an arrangement with the Commonwealth relating to:\n    (a) the provision, by contracts of insurance with the insurer, of midwife professional indemnity cover; and\n    (b) the provision by the insurer of cover in the nature of midwife professional indemnity run‑off cover (within the ordinary meaning of that term).\n\n#### 7 Requirement for eligible midwife\n\n  (1) For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, this section specifies a requirement to be met by a person who is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory.\n  (2) The person must have the person’s licence, registration or authorisation to practise midwifery endorsed by the Nursing and Midwifery Board of Australia with a statement to the effect that the person is qualified:\n    (a) to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989); and\n    (b) to provide associated services required for midwifery practice in accordance with relevant State and Territory legislation.\n\n#### 8 Eligible entity\n\nFor the purposes of paragraph (a) of the definition of eligible entity in subsection 5(1) of the Act, each of the following persons are specified:\n\n1.  My Midwives Pty Ltd ACN 144 509 777;\n2.  Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853.\n\n#### 8A Intrapartum care\n\nFor the purposes of paragraph (c) of the definition of intrapartum care in subsection 5(1) of the Act, the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed.\n\n## Part 2—Midwife Professional Indemnity Commonwealth Contributions\n\n#### 9 Late payment penalty rate\n\n  For each of the following subsections of the Act, the general interest charge rate for the first day in the period described in paragraph (c) of the subsection is specified for the purposes of paragraph (a) of the subsection:\n    (a) subsection 28(2);\n    (b) subsection 40(2);\n    (c) subsection 76(2).\n\n> Note: The general interest charge rate is a daily rate that, under the relevant subsection of the Act, applies for each day in the period.\n\n#### 10 Applicable interest rates for financial years for working out total run‑off cover credit\n\n  (1) For the purposes of subsection 44(4) of the Act, the rate of interest, for a financial year, is the rate as worked out using the following formula:\n\n![Start formula start fraction index number for the latest March quarter over index number for the earlier March quarter end fraction end formula](image.002.png)\n\n  where:\n\n> index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.\n\n> earlier March quarter, in respect of a financial year, means the index number for the March quarter before the latest March quarter in respect of that financial year.\n\n> latest March quarter, in respect of a financial year, means the index number for the March quarter before the beginning of the financial year.\n\n> Note: Example: For the 2020–21 financial year, the index number for the latest March quarter is the index number for the quarter ending March 2020 and the index number for the earlier March quarter is the index number for the quarter ending March 2019.\n\n  (2) A rate of interest is to be worked out to 3 decimal places.\n  (3) If a rate of interest worked out under subsections (1) and (2) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the rate is to be increased by 0.001.\n  (4) If a rate of interest worked out under subsections (1), (2) and (3) would be less than 1, the rate is to be increased to 1.\n  (5) Subject to subsection (6), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.\n  (6) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.\n\n## Part 3—Application, transitional and saving provisions\n\n### Division 1— Temporary measure relating to eligible run‑off claims\n\n#### 11 Eligible run‑off claims\n\n  (1) For the purposes of paragraph 31(2)(f) of the Act, subsection 31(2) of the Act applies to the persons covered by subsection (2) of this section.\n  (2) Subject to subsection (3) of this section, this subsection covers a person if subsection 31(2) of the Act would apply to the person (disregarding this section) were it not for practice as an eligible midwife that the person begins to engage in during the period:\n    (a) beginning on 2 April 2020; and\n    (b) ending on 21 September 2023.\n  (3) If, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) of this section ceases to cover the person at the end of that day.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) eligible midwife;\n    (b) insurer;\n    (c) midwife professional indemnity cover.\n  In this instrument:\n\n> Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n> general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.\n\n> Note: The general interest charge rate is a daily rate.\n\n> Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means the Safety and Quality Guidelines for Privately Practising Midwives developed by the Nursing and Midwifery Board of Australia, as in force from time to time.\n\n> Note: The Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives can be viewed on the Nursing and Midwifery Board website (https://www.nursingmidwiferyboard.gov.au/).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Eligible insurer","content":"#### 6 Eligible insurer\n\n  For the purposes of the definition of eligible insurer in subsection 5(1) of the Act, this section specifies the class of insurers each of which has an arrangement with the Commonwealth relating to:\n    (a) the provision, by contracts of insurance with the insurer, of midwife professional indemnity cover; and\n    (b) the provision by the insurer of cover in the nature of midwife professional indemnity run‑off cover (within the ordinary meaning of that term).","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Requirement for eligible midwife","content":"#### 7 Requirement for eligible midwife\n\n  (1) For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, this section specifies a requirement to be met by a person who is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory.\n  (2) The person must have the person’s licence, registration or authorisation to practise midwifery endorsed by the Nursing and Midwifery Board of Australia with a statement to the effect that the person is qualified:\n    (a) to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989); and\n    (b) to provide associated services required for midwifery practice in accordance with relevant State and Territory legislation.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Eligible entity","content":"#### 8 Eligible entity\n\nFor the purposes of paragraph (a) of the definition of eligible entity in subsection 5(1) of the Act, each of the following persons are specified:\n\n1.  My Midwives Pty Ltd ACN 144 509 777;\n2.  Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853.","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Intrapartum care","content":"#### 8A Intrapartum care\n\nFor the purposes of paragraph (c) of the definition of intrapartum care in subsection 5(1) of the Act, the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Midwife Professional Indemnity Commonwealth Contributions","content":"## Part 2—Midwife Professional Indemnity Commonwealth Contributions","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Late payment penalty rate","content":"#### 9 Late payment penalty rate\n\n  For each of the following subsections of the Act, the general interest charge rate for the first day in the period described in paragraph (c) of the subsection is specified for the purposes of paragraph (a) of the subsection:\n    (a) subsection 28(2);\n    (b) subsection 40(2);\n    (c) subsection 76(2).\n\n> Note: The general interest charge rate is a daily rate that, under the relevant subsection of the Act, applies for each day in the period.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Applicable interest rates for financial years for working out total run‑off cover credit","content":"#### 10 Applicable interest rates for financial years for working out total run‑off cover credit\n\n  (1) For the purposes of subsection 44(4) of the Act, the rate of interest, for a financial year, is the rate as worked out using the following formula:\n\n![Start formula start fraction index number for the latest March quarter over index number for the earlier March quarter end fraction end formula](image.002.png)\n\n  where:\n\n> index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.\n\n> earlier March quarter, in respect of a financial year, means the index number for the March quarter before the latest March quarter in respect of that financial year.\n\n> latest March quarter, in respect of a financial year, means the index number for the March quarter before the beginning of the financial year.\n\n> Note: Example: For the 2020–21 financial year, the index number for the latest March quarter is the index number for the quarter ending March 2020 and the index number for the earlier March quarter is the index number for the quarter ending March 2019.\n\n  (2) A rate of interest is to be worked out to 3 decimal places.\n  (3) If a rate of interest worked out under subsections (1) and (2) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the rate is to be increased by 0.001.\n  (4) If a rate of interest worked out under subsections (1), (2) and (3) would be less than 1, the rate is to be increased to 1.\n  (5) Subject to subsection (6), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.\n  (6) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, transitional and saving provisions","content":"## Part 1—Preliminary\n\n### Division 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020.\n\n#### 3 Authority\n\n  This instrument is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n### Division 2—Definitions\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) eligible midwife;\n    (b) insurer;\n    (c) midwife professional indemnity cover.\n  In this instrument:\n\n> Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.\n\n> general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.\n\n> Note: The general interest charge rate is a daily rate.\n\n> Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means the Safety and Quality Guidelines for Privately Practising Midwives developed by the Nursing and Midwifery Board of Australia, as in force from time to time.\n\n> Note: The Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives can be viewed on the Nursing and Midwifery Board website (https://www.nursingmidwiferyboard.gov.au/).\n\n#### 6 Eligible insurer\n\n  For the purposes of the definition of eligible insurer in subsection 5(1) of the Act, this section specifies the class of insurers each of which has an arrangement with the Commonwealth relating to:\n    (a) the provision, by contracts of insurance with the insurer, of midwife professional indemnity cover; and\n    (b) the provision by the insurer of cover in the nature of midwife professional indemnity run‑off cover (within the ordinary meaning of that term).\n\n#### 7 Requirement for eligible midwife\n\n  (1) For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, this section specifies a requirement to be met by a person who is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory.\n  (2) The person must have the person’s licence, registration or authorisation to practise midwifery endorsed by the Nursing and Midwifery Board of Australia with a statement to the effect that the person is qualified:\n    (a) to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989); and\n    (b) to provide associated services required for midwifery practice in accordance with relevant State and Territory legislation.\n\n#### 8 Eligible entity\n\nFor the purposes of paragraph (a) of the definition of eligible entity in subsection 5(1) of the Act, each of the following persons are specified:\n\n1.  My Midwives Pty Ltd ACN 144 509 777;\n2.  Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853.\n\n#### 8A Intrapartum care\n\nFor the purposes of paragraph (c) of the definition of intrapartum care in subsection 5(1) of the Act, the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed.\n\n## Part 2—Midwife Professional Indemnity Commonwealth Contributions\n\n#### 9 Late payment penalty rate\n\n  For each of the following subsections of the Act, the general interest charge rate for the first day in the period described in paragraph (c) of the subsection is specified for the purposes of paragraph (a) of the subsection:\n    (a) subsection 28(2);\n    (b) subsection 40(2);\n    (c) subsection 76(2).\n\n> Note: The general interest charge rate is a daily rate that, under the relevant subsection of the Act, applies for each day in the period.\n\n#### 10 Applicable interest rates for financial years for working out total run‑off cover credit\n\n  (1) For the purposes of subsection 44(4) of the Act, the rate of interest, for a financial year, is the rate as worked out using the following formula:\n\n![Start formula start fraction index number for the latest March quarter over index number for the earlier March quarter end fraction end formula](image.002.png)\n\n  where:\n\n> index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.\n\n> earlier March quarter, in respect of a financial year, means the index number for the March quarter before the latest March quarter in respect of that financial year.\n\n> latest March quarter, in respect of a financial year, means the index number for the March quarter before the beginning of the financial year.\n\n> Note: Example: For the 2020–21 financial year, the index number for the latest March quarter is the index number for the quarter ending March 2020 and the index number for the earlier March quarter is the index number for the quarter ending March 2019.\n\n  (2) A rate of interest is to be worked out to 3 decimal places.\n  (3) If a rate of interest worked out under subsections (1) and (2) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the rate is to be increased by 0.001.\n  (4) If a rate of interest worked out under subsections (1), (2) and (3) would be less than 1, the rate is to be increased to 1.\n  (5) Subject to subsection (6), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.\n  (6) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.\n\n## Part 3—Application, transitional and saving provisions\n\n### Division 1— Temporary measure relating to eligible run‑off claims\n\n#### 11 Eligible run‑off claims\n\n  (1) For the purposes of paragraph 31(2)(f) of the Act, subsection 31(2) of the Act applies to the persons covered by subsection (2) of this section.\n  (2) Subject to subsection (3) of this section, this subsection covers a person if subsection 31(2) of the Act would apply to the person (disregarding this section) were it not for practice as an eligible midwife that the person begins to engage in during the period:\n    (a) beginning on 2 April 2020; and\n    (b) ending on 21 September 2023.\n  (3) If, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) of this section ceases to cover the person at the end of that day.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Eligible run‑off claims","content":"#### 11 Eligible run‑off claims\n\n  (1) For the purposes of paragraph 31(2)(f) of the Act, subsection 31(2) of the Act applies to the persons covered by subsection (2) of this section.\n  (2) Subject to subsection (3) of this section, this subsection covers a person if subsection 31(2) of the Act would apply to the person (disregarding this section) were it not for practice as an eligible midwife that the person begins to engage in during the period:\n    (a) beginning on 2 April 2020; and\n    (b) ending on 21 September 2023.\n  (3) If, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) of this section ceases to cover the person at the end of that day.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Rules concretely define and limit who is an eligible midwife, insurer and entity (ss 6–8, 8A, 7), prescribe how intrapartum care is judged (s 8A), fix calculation and rounding method for run‑off cover interest (s 10(1)–(4)), and set the late-payment daily penalty application (s 9). They also create a temporary expansion of run‑off claim coverage for persons who began eligible practice between 2 April 2020 and 21 September 2023 (s 11). These specifications alter the Act’s practical scope by clarifying entitlement mechanics and adding a time‑limited extension."},"complexity_factors":["Cross-references to the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 and external instruments (s 3; s 5 notes) which require reading multiple sources.","Eligibility criteria that require a Nursing and Midwifery Board of Australia endorsement (qualification to prescribe medicines in Schedules 2,3,4,8) — introduces an administrative compliance step for practitioners (s 7).","Specification of a class of eligible insurers tied to arrangements with the Commonwealth, relying on contractual / administrative agreements rather than a simple registry (s 6).","Naming of two specific eligible entities (My Midwives Pty Ltd; Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation) which creates a narrow, discrete category (s 8).","Prescription of intrapartum-care requirements by reference to an external guideline (NMBA Safety and Quality Guidelines) meaning substantive content is incorporated by reference and may change over time (s 8A).","Technical CPI-based interest formula for calculating run-off cover credit with multi-step rounding rules and a minimum rate — requires numerical calculation and attention to Australian Statistician data (s 10(1)–(4)).","Rules about which CPI publications count and how to treat changes to CPI reference periods add procedural complexity (s 10(5)–(6)).","Late-payment penalty application uses the general interest charge as a daily rate across multiple Act provisions, so timing precision matters for liabilities (s 9).","A time-limited transitional extension for eligible run-off claims covering a specific start/end window introduces temporal complexity for entitlement (s 11)."],"plain_english_summary":"These Rules set out how the Commonwealth’s contribution to midwife professional indemnity operates. They define who qualifies as an eligible midwife, insurer or entity, prescribe intrapartum-care standards by reference to Nursing and Midwifery Board guidelines, fix how interest and late‑payment penalties are calculated for contributions, and provide a time‑limited rule for certain run‑off claims for midwives who began practice between 2 April 2020 and 21 September 2023. The measures change entitlement and payment mechanics for midwives, insurers and two named entities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original scope as a rules instrument under the 2010 Act. The temporary COVID-19 measure in section 11 represents a time-limited expansion of eligibility rather than a permanent scope creep, and the named entities in section 8 suggest targeted implementation rather than mission creep."},"complexity_factors":["Multiple cross-references to the parent Act (Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010) without reproducing those definitions","Mathematical formula for interest rate calculation with rounding rules (3 decimal places, conditional rounding up, floor of 1%)","Incorporation by reference of external documents (Nursing and Midwifery Board of Australia's Safety and Quality Guidelines)","Temporal limitations with specific dates (2 April 2020 to 21 September 2023) creating conditional eligibility","Nested definitions requiring tracking across multiple legislative instruments (Act, Rules, and external guidelines)"],"plain_english_summary":"This law sets rules for Commonwealth contributions to professional indemnity insurance for private practice midwives, specifying who qualifies, which organisations may receive support, how late-payment and run-off cover credits are calculated, and a temporary COVID-era extension for certain entrants.  \n\nIt affects private midwives, their insurers, and the named eligible entities—helping make costly insurance affordable so midwives can practise and women can access private midwifery care."}},"importantCases":[],"_links":{"self":"/api/acts/midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020","history":"/api/acts/midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020/history","analysis":"/api/acts/midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020/analysis","conflicts":"/api/acts/midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020/conflicts","importantCases":"/api/acts/midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020/important-cases","documents":"/api/acts/midwife-professional-indemnity-commonwealth-contribution-scheme-rules-2020/documents"}}