24Amounts paid before payment of Level 2 Commonwealth contribution

24 Amounts paid before payment of Level 2 Commonwealth contribution

(1) If: (a) an amount (the insurance payment) has been paid under a contract of insurance that provides midwife professional indemnity cover for a person (the midwife) in relation to a liability of the midwife; and (b) another amount (not being an amount referred to in subsection (2)) has been paid in relation to the incident to which the liability relates: (i) if the incident is not a Birthing on Country out‑of‑hospital incident—to a person covered by subsection (3); or (ii) if the incident is a Birthing on Country out‑of‑hospital incident—to a person covered by subsection (4); and (c) the other amount was not taken into account in working out the amount of the insurance payment; and (d) if the other amount had been taken into account in working out the amount of the insurance payment, a lesser amount would have been paid under the contract of insurance in relation to the liability; then, for the purpose of calculating the amount of Level 2 Commonwealth contribution (if any) that is payable in relation to a liability of the midwife, the lesser amount is taken to have been the amount of the insurance payment. (2) This section does not apply to any of the following: (a) an amount paid to an eligible insurer by another insurer under a right of contribution; (b) a payment of Level 1 Commonwealth contribution; (c) a payment of run‑off cover Commonwealth contribution; (d) an amount of a kind specified in the Rules for the purposes of this paragraph. Recipients of amounts—incidents that are not Birthing on Country out‑of‑hospital incidents (3) A person is covered by this subsection if the person is: (a) the midwife; or (b) the eligible insurer; or (c) another person. Recipients of amounts—Birthing on Country out‑of‑hospital incidents (4) A person is covered by this subsection if the person is: (a) the midwife; or (b) the eligible insurer; or (c) the eligible entity for a midwife; or (d) another person.