Medical Indemnity Regulations 2003
12Eligible run‑off claims
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12 Eligible run‑off claims
(1) For paragraph 34ZB(2)(f) of the Act, the following classes of persons are specified as persons to whom subsection 34ZB(2) of the Act applies: (a) the class of persons each of whom is a medical practitioner: (i) who: (A) is aged 65 years or over and who, apart from the provision of medical services free of charge in the course of private medical practice, has retired permanently from practice as a medical practitioner; or (B) is aged 65 years or over and has retired permanently from providing medical services for payment in the course of private medical practice; or (C) has not engaged in practice as a medical practitioner, apart from the provision of medical services free of charge in the course of private medical practice, at any time during the preceding period of 3 years; or (D) has not provided medical services for payment in the course of private medical practice at any time during the preceding period of 3 years; or (E) has ceased (temporarily or permanently) the person’s practice as a medical practitioner, apart from the provision of medical services free of charge in the course of private medical practice, because of maternity (within the meaning of subsection 34ZB(4A) of the Act); or (F) has ceased (temporarily or permanently) the person’s practice as a medical practitioner, apart from the provision of medical services free of charge in the course of private medical practice, because of permanent disability (within the meaning of subsection 34ZB(4B) of the Act); and (ii) who is providing medical services free of charge in the course of private medical practice; (b) the class of persons each of whom meets the following requirements: (i) the person was the holder of a temporary visa (within the meaning of the Migration Act 1958) that permitted the holder to work in Australia and that did not prohibit the holder from engaging in medical practice in Australia; (iii) the person engaged in medical practice in Australia; (iv) the person has permanently ceased medical practice in Australia; (v) the person no longer resides in Australia; (c) the class of persons each of whom is a medical practitioner who: (i) was engaged in medical practice, other than: (A) in private medical practice; or (B) in a practice conducted wholly outside Australia and the external Territories; and (ii) is aged 65 years or over; and (iii) has retired permanently from that medical practice; (d) the class of persons each of whom is a medical practitioner who: (i) was engaged in medical practice, other than: (A) in private medical practice; or (B) in a practice conducted wholly outside Australia and the external Territories; and (ii) has not engaged in that medical practice at any time during the preceding period of 3 years.
Note: Example: A former public sector medical practitioner could be a person within the class provided by paragraph (c) or (d).