53Applications for apportionment certificates

53 Applications for apportionment certificates

(1) An eligible insurer in relation to a claim made against a midwife or eligible entity for a midwife must apply for the issue of an apportionment certificate in relation to the claim if the eligible insurer considers that: (a) for a claim made against a midwife—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; or (b) for a claim made against an eligible entity—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.

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

(2) The application must: (a) be made in writing using a form approved by the Chief Executive Medicare; and (b) must specify the proportion of the overall liability in relation to the incident to which the claim relates that the applicant proposes be attributed to: (i) the midwife or entity; and (ii) the other person or persons 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) be accompanied by the documents and other information required by the form approved by the Chief Executive Medicare. (3) For the purposes of subparagraph (2)(b)(ii), if there is more than one other person against whom 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.