4Definitions

#### 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.