8Criteria for certifying a claim as a qualifying claim

8 Criteria for certifying a claim as a qualifying claim

(1) For paragraph 34E(1)(c) of the Act, the circumstances in relation to a claim are the circumstances specified in subregulation (2) or (3). (2) The circumstances specified by this subregulation are: (a) the claim is or was made by a person who is an Australian citizen or a resident of Australia; and (b) the incident or one or more of the incidents in a series of related incidents to which the claim relates, occurs or occurred outside Australia while the person is or was: (i) engaged in a sporting activity (in the capacity of a participant, adjudicator, judge, referee or umpire or in a similar capacity); or (ii) engaged in a cultural activity; or (iii) undertaking official business for a Commonwealth, State or Territory agency; or (iv) travelling with a person to whom any of the other subparagraphs of this paragraph applies; and (c) the practitioner against whom the claim is made is a permanent resident of Australia who, at the time the incident or one or more of the incidents occurs or occurred, was accompanying the person in the course of, or in connection with, the practice by the practitioner of a medical profession. (3) This circumstances specified by this subregulation are: (a) the practitioner against whom the claim is made is a permanent resident of Australia who, at the time the incident or one or more of the incidents in a series of related incidents to which the claim relates, occurs or occurred, was undertaking aid work outside Australia; and (b) the incident or one or more of the incidents occurs or occurred in the course of, or in connection with, the undertaking of that aid work. (4) In this regulation:

Australia includes each external Territory.