32Circumstances in which run‑off cover Commonwealth contributions are payable

32 Circumstances in which run‑off cover Commonwealth contributions are payable

(1) A run‑off cover Commonwealth contribution is payable to an eligible insurer under this section if: (a) an eligible run‑off claim (the current claim) is made that relates to an incident that occurred in the course of, or in connection with, a person’s practice as an eligible midwife; and (b) at the time the claim is first notified to the eligible insurer, the person is a person to whom subsection 31(2) applies; and (c) in a case where there is a person, other than the eligible midwife, against whom a claim has been, or could reasonably be made in relation to the incident to which the current claim relates—either: (i) an apportionment certificate in relation to the current claim is in force; or (ii) the Chief Executive Medicare has not issued an apportionment certificate because of the operation of section 52 (which deals with claims for which there is a final judgment or order of a court); and (d) the eligible insurer makes, or is liable to make, a payment in relation to the claim under a contract of insurance under which the insurer is liable to indemnify the person in relation to claims made by or against the person while he or she is a person to whom subsection 31(2) applies; and (e) for an incident that is not an out‑of‑hospital incident—either the incident occurs or occurred on or after 1 July 2010 and on or before the run‑off cover termination date; and (ea) for an incident that is an out‑of‑hospital incident—either the incident occurs or occurred: (i) on or after 1 July 2025; and (ii) on or before the run‑off cover termination date (if any); and (f) the eligible insurer applies to the Chief Executive Medicare for the run‑off cover Commonwealth contribution in accordance with section 58; and (g) if an apportionment certificate is in force in relation to the current claim—the amount paid or payable in relation to the current claim is consistent with the proportion of the overall liability specified in the apportionment certificate as the proportion that is to be attributed to the eligible midwife against whom the claim was made. (2) Paragraph (1)(d) does not apply to a payment that an eligible insurer makes or is liable to make unless the payment is or would be made: (a) in relation to a claim made in relation to which the eligible midwife concerned has midwife professional indemnity run‑off cover; and (b) in the eligible insurer’s ordinary course of business.