12Application for a qualifying claim certificate

12 Application for a qualifying claim certificate

(1) An application for the issue of a Level 1 qualifying claim certificate may be made by an eligible insurer. (2) An application for the issue of a Level 2 qualifying claim certificate may be made by: (a) an eligible insurer; or (b) the person against whom the claim is or was made or a person acting on that person’s behalf. (3) The application must: (a) be made in writing using a form approved by the Chief Executive Medicare; and (b) specify whether it is an application for a Level 1 qualifying claim certificate or a Level 2 qualifying claim certificate; and (ba) if the application relates to an out‑of‑hospital incident—specify that fact; and (bb) specify whether the application relates to a claim that is or was made against: (i) if the claim relates to an incident that is not a Birthing on Country out‑of‑hospital incident—the midwife concerned; or (ii) if the claim relates to a Birthing on Country out‑of‑hospital incident—the eligible entity concerned for the midwife concerned, or the midwife concerned; and (c) specify each person, other than the midwife concerned or, in the case of an application in relation to a claim against the eligible entity, the entity concerned, against whom a claim has been or is reasonably likely to be made, in relation to the incident to which the claim relates; and (d) be accompanied by the documents and other information required by the form approved by the Chief Executive Medicare.