NSWIn ForceAct
Health Care Liability Act 2001
4Definitions
Start here
Get a plain-English read of 4
Turn the raw legal text into a practical explanation grounded in Health Care Liability Act 2001.
#### 4 Definitions
4 Definitions
> > (1) In this Act—
> >
> > approved professional indemnity insurance means professional indemnity insurance that is approved for the time being under an insurance approval order.
> >
> > health care means any care, treatment, advice, service or goods provided in respect of the physical or mental health of a person.
> >
> > health care claim means a claim, in any civil action, for damages against a health care provider in respect of an injury or death caused wholly or partly by the fault of the health care provider in providing health care.
> >
> > health care provider means—
> >
> > > (a) a medical practitioner—
> > >
> > > > (i) who is covered by approved professional indemnity insurance or, until such time as Part 3 commences, by any kind of professional indemnity insurance, or
> > >
> > > > (ii) who is of a class of medical practitioner prescribed by the regulations for the purposes of this definition, or
> >
> > > (b) a public health organisation, or
> >
> > > (c) subject to subsection (2), the licensee of a licensed facility,
> >
> > and includes—
> >
> > > (d) in respect of an injury or death occurring before the date of assent to this Act that gives rise to a health care claim—a person—
> > >
> > > > (i) who was a medical practitioner at the time of the injury or death, and
> > >
> > > > (ii) whose civil liability for that injury or death is covered by any kind of professional indemnity insurance, or
> >
> > > (e) in respect of an injury or death occurring after the date of assent to this Act that gives rise to a health care claim—a person—
> > >
> > > > (i) who was a medical practitioner at the time of the injury or death, and
> > >
> > > > (ii) whose civil liability for that injury or death is covered by approved professional indemnity insurance or, until such time as Part 3 commences, by any kind of professional indemnity insurance.
> >
> > insurance regulation order means an order under section 22.
> >
> > non-economic loss means any one or more of the following—
> >
> > > (a) pain and suffering,
> >
> > > (b) loss of amenities of life,
> >
> > > (c) loss of expectation of life,
> >
> > > (d) disfigurement.
> >
> > practice company means a corporation (however incorporated) that is controlled or conducted by a medical practitioner and by means of which the medical practitioner conducts his or her medical practice.
> >
> > professional indemnity insurance means insurance against civil liability arising out of the provision of health care, and includes an agreement or arrangement for discretionary indemnity in respect of that liability.
> >
> > Note.
> >
> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.
>
> > (2) (Repealed)
>
> > (3) In this Act—
> >
> > > (a) a reference to a medical practitioner includes, if the medical practitioner conducts his or her practice by means of a practice company, a reference to the medical practitioner’s practice company, and
> >
> > > (b)–(d) (Repealed)
>
> > (4) A reference in this Act to the provision (however expressed) of health care includes a failure to provide health care.
>
> > (5) A reference in this Act to the provision (however expressed) of professional indemnity insurance includes a reference to the offering or renewing of any such insurance.
>
> > (6) Notes included in this Act do not form part of this Act.
>
> **s 4:** Am 2007 No 9, Sch 5.12; 2010 No 34, Sch 2.23 \[1\]–\[4\]; 2023 No 7, Sch 3.12.