18Clarification of circumstances in which IBNR indemnity payable

18 Clarification of circumstances in which IBNR indemnity payable

An IBNR indemnity is payable to an MDO or insurer under section 16 or 17 in relation to a payment the MDO or insurer makes, or is liable to make, in relation to a claim even if: (a) the MDO or insurer: (i) has insured itself in relation to the payment; or (ii) has already in fact been paid an amount by an insurer in relation to the payment; or (b) the incident to which the claim relates occurred outside Australia; or (c) the MDO or insurer made, or became liable to make, the payment before the commencement of this Act.