51When may the Chief Executive Medicare issue an apportionment certificate in relation to a claim?

51 When may the Chief Executive Medicare issue an apportionment certificate in relation to a claim?

(1) The Chief Executive Medicare may issue a certificate (an apportionment certificate) in relation to a claim against a midwife or eligible entity for a midwife if: (a) either: (i) a qualifying claim certificate has been issued by the Chief Executive Medicare in relation to the claim; or (ii) for a claim against a midwife—the claim is an eligible run‑off claim; and (b) for a claim against a midwife—the Chief Executive Medicare is satisfied that there is a person, other than the midwife, against whom a claim has been or is reasonably likely to be made, in relation to the incident to which the claim relates; and (ba) for a claim against an eligible entity—the Chief Executive Medicare is satisfied that there is a person, other than the entity, against whom a claim has been or is reasonably likely to be made, in relation to the incident to which the claim relates; and (c) an application for the certificate has been made in accordance with section 53.

Note: For claims relating to a Birthing on Country out‑of‑hospital incident, a person referred to in paragraph (b) may include the eligible entity for the midwife, and a person referred to in paragraph (ba) may include the midwife concerned.

(2) The apportionment certificate must specify the proportion of the overall liability in relation to the incident that is to be attributed to: (a) the midwife or eligible entity; and (b) the other person or persons against whom the Chief Executive Medicare is satisfied a claim has been, or is reasonably likely to be, made in relation to the incident. (3) For the purposes of paragraph (2)(b), if there is more than one other person against whom the Chief Executive Medicare is satisfied a claim has been or is reasonably likely to be made, the proportion of the overall liability may be specified for: (a) each of those persons individually; or (b) those persons taken as a group. (4) The proportion of the overall liability specified in the apportionment certificate may be the same as the apportionment proposed in the application if the Chief Executive Medicare is satisfied that the proposed apportionment is reasonable. (5) The apportionment certificate may be different from the apportionment proposed in the application if the Chief Executive Medicare is satisfied that the alternative apportionment is reasonable. (6) For the purposes of being satisfied that an apportionment is reasonable, the Chief Executive Medicare may have regard to: (a) the information provided with the application; and (b) any other information that the Chief Executive Medicare considers appropriate. (7) However, the Chief Executive Medicare is not required to have regard to any information beyond the information that was included in the application. (8) An apportionment certificate is not a legislative instrument.