31Eligible run‑off claims

31 Eligible run‑off claims

(1) A claim is an eligible run‑off claim if: (a) it is a claim made against a person who, at the time the claim is made, is a person to whom subsection (2) applies; and (b) for an incident that is not an out‑of‑hospital incident—it relates to an incident that occurred on or after 1 July 2010 and on or before the run‑off cover termination date in the course of, or in connection with, the person’s practice as an eligible midwife; and (ba) for an incident that is an out‑of‑hospital incident—it relates to an incident that occurred: (i) on or after 1 July 2025; and (ii) on or before the run‑off cover termination date (if any); and (c) if there is a run‑off cover termination date, the person: (i) was, immediately before the run‑off cover termination date, a person to whom subsection (2) applies; and (ii) continued to be such a person for the whole of the period between the run‑off cover termination date and the time when an eligible insurer was first notified of the claim, or of facts that might give rise to the claim; and (d) the person has midwife professional indemnity run‑off cover that indemnifies the person in relation to the claim.

Note: A claim is not an eligible run‑off claim if it is a claim made against an eligible entity in relation to a person to whom subsection (2) applies.

(2) This subsection applies to a person who is one or more of the following: (a) a person who has retired permanently from private practice as an eligible midwife; (b) a person who has not engaged in private practice as an eligible midwife at any time during the preceding period of 3 years; (c) a person who has ceased (temporarily or permanently) the person’s practice as an eligible midwife because of maternity (see subsection (3)); (d) a person who has ceased the person’s practice as an eligible midwife because of permanent disability (see subsection (4)); (e) a person who is the legal personal representative of a deceased person who had been an eligible midwife; (f) a person who is included in a class of persons that the Rules specify as persons to whom this subsection applies. However, a person is not a person to whom this subsection applies if the person is included in a class of persons that the Rules specify as a class of persons to whom this subsection does not apply. (3) A person is taken, for the purposes of paragraph (2)(c), to have ceased the person’s practice as an eligible midwife because of maternity if and only if: (a) the person: (i) is pregnant; or (ii) has given birth; or (iii) is recovering from a pregnancy (including a miscarriage or a stillbirth); and (b) another person who is a medical practitioner has certified, in the form approved by the Chief Executive Medicare, that the person is pregnant, has given birth or is recovering from a pregnancy, as the case requires; and (c) the person has ceased all practice as an eligible midwife: (i) because she is pregnant; or (ii) in order to care for one or more children to whom she has given birth; or (iii) in order to recover from the pregnancy; and (d) any other requirements specified in the Rules have been met. (4) A person is taken, for the purposes of paragraph (2)(d), to have ceased the person’s practice as an eligible midwife because of permanent disability if and only if: (a) the person has incurred an injury, or suffers from an illness, that is permanent, or is likely to be permanent; and (b) as a result of the injury or illness, the person can no longer practise the profession of midwifery; and (c) another person who is a medical practitioner has certified, in the form approved by the Chief Executive Medicare, that the person: (i) has incurred an injury, or suffers from an illness, that is permanent, or is likely to be permanent; and (ii) can no longer practice the profession of midwifery; and (d) the person has permanently ceased all practice as an eligible midwife. (5) In this section: