Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020

The Rules concentrate on a small set of operational concepts that the Act requires the Minister or the Commonwealth to specify. These concepts are definition‑based, numeric, or temporal. The principal concepts are:

• Eligible midwife and the required endorsement: The Rules prescribe a documentary and regulatory predicate for the Act’s notion of an eligible midwife by requiring an endorsement on the midwife’s licence, registration or authorisation issued by the Nursing and Midwifery Board of Australia stating the midwife is qualified both to prescribe medicines listed in Schedules 2, 3, 4 and 8 to the current Poisons Standard and to provide associated services required for midwifery practice in accordance with state and territory legislation (s 7). The Rules thereby make the eligibility trigger depend on NMBA endorsement and on the midwife’s scope including specific prescribing authority.

• Eligible insurer: The Rules specify that an eligible insurer, for the Act’s purposes, must be an insurer that has an arrangement with the Commonwealth to provide midwife professional indemnity cover by contract and to provide run‑off cover in the ordinary sense (s 6). The text focuses on the contractual relationship between insurer and Commonwealth rather than naming insurers.

• Eligible entity: The Rules identify two named organisations as eligible entities for paragraph (a) of the Act’s definition of eligible entity: My Midwives Pty Ltd ACN 144 509 777 and Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853 (s 8). The instrument thus mechanically extends whatever benefits or status the Act confers on eligible entities to these two bodies.

• Intrapartum care and external guidance: The Rules prescribe that the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are to be treated as the requirements for the Act’s definition of intrapartum care (s 8A). The instrument thereby incorporates an external, administratively maintained guideline into the statutory eligibility framework by reference.

• Late payment penalty and general interest charge: For the Act’s late payment penalty provisions at subsections 28(2), 40(2) and 76(2), the Rules specify that the general interest charge rate (as defined in s 8AAD of the Taxation Administration Act 1953) applies for the first day in the relevant periods (s 9). The Rules thus anchor late payment penalty computation to the Taxation Administration Act’s daily general interest charge rate.

• Interest formula for run‑off cover credit: The Rules supply the formula to calculate the applicable annual interest rate used in computing total run‑off cover credit under s 44(4) of the Act. The formula uses the ratio of the All Groups Consumer Price Index (weighted average of eight capital cities) for the latest March quarter to that for the earlier March quarter (s 10(1)). Additional numeric rules specify rounding to three decimal places, a tie‑breaking increment rule if the fourth decimal exceeds 4, and a floor of 1 per cent, plus rules about substituted index numbers and changes to index reference periods (s 10(2) to (6)).

• Temporary run‑off coverage window: The Rules provide a temporary measure extending the operation of subsection 31(2) of the Act to persons who began practising as eligible midwives between 2 April 2020 and 21 September 2023, subject to cessation if the person remains practising at the end of 21 September 2023 (s 11). This creates a time‑bounded extension or preservation of eligibility for run‑off claims related to that cohort.

Each concept is operationalised by reference to external instruments or numerical rules, which means the Rules are mechanics‑heavy rather than doctrinal. Where the Rules refer to external documents or statutory rates, the Rules treat those documents as authoritative "as in force from time to time" (s 5 note, s 8A), which embeds administrative dynamism into eligibility and measurement.

The Rules affect multiple cohorts of actors by changing the factual and numeric terrain that determines entitlement and administrative obligation under the Act.

• Individual midwives: The principal private parties affected are persons licensed, registered or authorised to practise midwifery by a Commonwealth, State or Territory law. To be an eligible midwife for the Act, the person must have their licence, registration or authorisation endorsed by the Nursing and Midwifery Board of Australia with specified qualifications (s 7). This means practising midwives who lack that NMBA endorsement, or who do not have the prescribing qualifications listed, will not meet the Rule’s eligibility requirement. Section 11 also affects a temporal subset of midwives who began practising between 2 April 2020 and 21 September 2023 by extending the operation of subsection 31(2) of the Act to them for certain purposes; but that extension ends for an individual who remains engaged as an eligible midwife at the end of 21 September 2023 (s 11(2)-(3)).

• Insurers: The Rules specify the class of "eligible insurer" as those insurers that have an arrangement with the Commonwealth to provide midwife professional indemnity cover and run‑off cover (s 6). Insurers without such an arrangement are excluded from the instrument’s eligible insurer class. The instrument therefore creates a contracting axis: insurers must negotiate and maintain arrangements with the Commonwealth to qualify. The Rules do not name insurers or set contractual terms; they set the predicate that such arrangements must exist.

• Named entities: Two corporate bodies are explicitly specified as eligible entities (s 8): My Midwives Pty Ltd ACN 144 509 777 and Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853. These organisations therefore attract whatever rights, access or scheme status the Act provides to eligible entities. Parties seeking similar status who are not named do not obtain it from this instrument alone.

• Regulatory bodies: The Nursing and Midwifery Board of Australia is functionally pivotal in two ways. First, its endorsement on a midwife’s licence is the statutorily prescribed indicator of eligibility (s 7). Second, the Board’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed as the requirements for intrapartum care under the Act (s 8A). This makes the Board’s administrative decisions on endorsements and guideline content instrumental in shaping entitlement under the Commonwealth scheme.

• Commonwealth administrators and Treasury functions: The Rules require administrators to apply CPI data and general interest charge daily rates for financial calculations (s 9, s 10). The Commonwealth must therefore obtain particular index numbers from the Australian Statistician, apply rounding and floor rules, and manage substituted index publications and reference‑period changes (s 10(5)-(6)). The existence of arrangements with insurers also requires Commonwealth contracting activity (s 6).

• Parties with run‑off claims: The temporary measure in s 11 affects persons for the purposes of subsection 31(2) of the Act , that is, those who would have been covered but for commencing practice in the window 2 April 2020 to 21 September 2023. The provision therefore impacts eligibility to claim Commonwealth contributions for run‑off liabilities for that cohort during the temporary period.

In sum, the Rules affect individual midwives seeking eligibility, insurers needing Commonwealth arrangements to be recognised as eligible, two named entities, the Nursing and Midwifery Board of Australia as the administrative gatekeeper for endorsements and guidelines, and Commonwealth officials tasked with numerical computations and contracting. The effects are procedural and evidentiary as much as substantive: the Rules set documentary predicates and numeric algorithms that determine entitlement under the parent Act.

The Rules themselves do not create broad new criminal duties but set out predicates and numeric computations that produce rights to Commonwealth contributions or obligations to pay penalties under the Act. The Rules shift burden and decisional power in specific, concrete ways.

Duties imposed or operationalised by the Rules

• Duty to obtain and maintain NMBA endorsement: A person who wishes to qualify as an eligible midwife (for the Act) must have their licence, registration or authorisation endorsed by the Nursing and Midwifery Board of Australia with the specified statement concerning prescribing qualifications and provision of associated services (s 7). This creates an administrative duty on the midwife to secure NMBA endorsement and to ensure the endorsement reflects the prescribed content.

• Duty on insurers to have arrangements with the Commonwealth if they wish to be an eligible insurer: Insurers must have an arrangement with the Commonwealth relating to both the provision of midwife professional indemnity contracts and run‑off cover (s 6). The wording requires the existence of a contractual relationship as a predicate for being counted in the eligible insurer class, creating a de facto duty to contract if an insurer wants to be in that class.

• Duty on Commonwealth administrators to use specified indices and rounding rules: For calculating the applicable interest rate for run‑off cover credit, administrators must use the CPI ratio formula, round to three decimal places, apply the tie‑break increment if the fourth decimal is greater than 4, impose a minimum of 1 per cent, and disregard substituted index numbers unless the CPI reference period changes (s 10(1)-(6)). For late payment penalties, administrators must apply the general interest charge rate for the first day of the relevant period under specified Act subsections (s 9).

Rights created or clarified by the Rules

• Right to be treated as an eligible entity where named: The Rules specify two named organisations as eligible entities (s 8). Those organisations have the rights that the Act confers on an eligible entity.

• Right for a midwife with the NMBA endorsement to meet an Act eligibility condition: A midwife who satisfies the endorsement requirement (s 7) gains the factual qualification to be an eligible midwife under the Act, subject to any other Act conditions.

• Right to receive run‑off‑related treatment for persons commencing practice in the specified period: Under the temporary measure, persons who begin practising during 2 April 2020 to 21 September 2023 are to be treated as covered by subsection 31(2) of the Act for the purposes set out, unless they remain engaged as an eligible midwife past 21 September 2023 (s 11). This creates a time‑limited right to have subsection 31(2) apply to them.

Mechanisms of enforcement and operational impact

• The Rules do not themselves provide for new enforcement penalties beyond specifying which interest rate applies in penalty computations under the Act (s 9) and the numeric method for computing credits (s 10). The enforcement of duties (for example, conformity with NMBA endorsement requirements) will be administrative: the NMBA provides the endorsement; the Commonwealth applies the Act’s eligibility rules as interpreted by the Rules. Rights to payments or credits under the Act will depend on satisfying documentary and contractual predicates set out in the Rules.

• The Rules embed external administrative documents and indices into the entitlement calculus. Thus a midwife’s right to eligibility turns on an NMBA endorsement and on the content of the Poisons Standard and NMBA Safety and Quality Guidelines as "in force from time to time" (s 5 note, s 8A). Administrators must therefore monitor those documents and apply their current versions.

Overall, the Rules allocate burdens to midwives (to secure NMBA endorsement and appropriate prescribing qualifications), to insurers (to contract with the Commonwealth if they want eligible status), and to Commonwealth administrators (to apply the CPI ratio and general interest charge rules). Rights are realised through those compliance steps and, in the case of two named organisations, by automatic specification as eligible entities.

The Rules are limited in creating new penalties. Their role in enforcement is primarily to specify measurement methods for sanctions and financial adjustments that the Act already provides for, and to set temporal boundaries for eligibility.

Specified penalty rate mechanism

• Late payment penalty rate: Section 9 of the Rules directs that, for particular subsections of the Act (subsections 28(2), 40(2) and 76(2)), the general interest charge rate applies for the first day in the period described in paragraph (c) of each subsection, for the purposes of paragraph (a) of the subsection. The Rules thereby define which numeric rate to apply when the Act imposes a late payment penalty. The general interest charge rate is defined in s 8AAD of the Taxation Administration Act 1953 and is a daily rate (s 5 note). The Rules do not set the magnitude of the penalty beyond connecting it to that external statutory rate.

Interaction with Act enforcement provisions

• The Rules do not create new enforcement powers or criminal sanctions. They operate within the Act’s enforcement architecture: where the Act imposes monetary penalties, interest or offsets, the Rules identify the applicable rate and algorithm. For example, the Rules’ prescription of the general interest charge rate for the first day affects how a late payment penalty is calculated under the Act. The enforcement of an Act monetary obligation and the imposition of a penalty remain governed by the Act; the Rules provide the technical parameter.

Administrative responsibilities and evidentiary consequences

• Administrative verification: The Rules make the Nursing and Midwifery Board of Australia’s endorsement a decisive piece of evidence in determining eligibility (s 7). The absence of that endorsement is a procedural obstacle to entitlement under the Act. Enforcement thus becomes partly evidentiary: Commonwealth administrators can rely on the presence or absence of the NMBA endorsement when determining whether to make payments or accept claims.

• Contracting with insurers: Section 6 requires that an eligible insurer have an arrangement with the Commonwealth. If an insurer does not have such an arrangement, the insurer is outside the eligible class for the purposes of the Act and Rules. This can have enforcement consequences for claims administration: claims tied to insurers without arrangements may not be eligible for Commonwealth contribution. The Rules do not set remedies for insurers who act without arrangements, but they create the eligibility threshold.

Temporal enforcement consequences

• Temporary run‑off coverage window: Section 11 temporarily extends application of subsection 31(2) of the Act to persons who began practising within a specified period. That extension creates a limited enforcement effect: persons covered by s 11 have a temporary basis to make run‑off related claims under the Act. However, s 11(3) states that if the person remains engaged as an eligible midwife at the end of 21 September 2023, subsection (2) ceases to cover the person at the end of that day. This creates a hard stop: continuing practice by that date extinguishes the temporary extension. That termination is a strict timing rule with enforcement consequences for claims made after the cut‑off.

No independent sanctioning rules

• The Rules do not create independent sanctioning mechanisms such as civil penalties or criminal offences. They are subordinate rules that direct administrative calculation and specify eligibility predicates. Enforcement and penalties derive from the Act itself, with the Rules supplying technical parameters.

In short, the Rules affect penalties only by fixing the numeric rates and computational rules used in the Act’s monetary enforcement provisions (s 9, s 10), and they shape enforcement outcomes by determining which persons and insurers meet documentary and contractual thresholds. Practically, that converts administrative checks (NMBA endorsement; insurer Commonwealth arrangement) into gatekeeping points that can prevent or allow payments and credits under the Act.

The Rules are expressly framed as subordinate to and operating in tandem with several other statutory instruments and administrative documents. The instrument references the parent Act and imports concepts or rates from other legislation and external administrative sources. The principal interactions are as follows:

Interaction with the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

• The Rules are made under the Act (s 3), and many of their provisions directly implement section references in the Act. For example, the Rules specify what counts as an eligible insurer for the Act’s definition (s 6, with the Act’s definition cited in notes to s 5), they identify requirements for an eligible midwife that fill the Act’s paragraph (b) of the definition (s 7), they prescribe intrapartum care requirements for the Act’s paragraph (c) of that definition (s 8A), and they create a temporary measure for subsection 31(2) of the Act (s 11). The Rules therefore form a functional part of the Act’s architecture.

Interaction with the Taxation Administration Act 1953

• The Rules anchor the calculation of late payment penalties to the general interest charge rate, which the Rules define as having the same meaning as in s 8AAD of the Taxation Administration Act 1953 (s 5). Section 9 refers to the general interest charge rate as the daily rate that applies under the relevant subsections of the Act. Consequently, fluctuations in the general interest charge rate under the Taxation Administration Act will change the monetary effect of late payment penalties prescribed by the Act and implemented by these Rules.

Interaction with the Therapeutic Goods Act 1989 (indirectly) via the Poisons Standard

• Section 7 requires a midwife’s NMBA endorsement to attest qualification to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard, "within the meaning of the Therapeutic Goods Act 1989". This explicitly links the eligibility requirement to the Poisons Standard as defined by the Therapeutic Goods Act. Changes to the Poisons Standard therefore alter what medicines count for the NMBA endorsement test.

Interaction with the Nursing and Midwifery Board of Australia instruments

• The Rules incorporate the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives as the prescribed requirements for the Act’s definition of intrapartum care (s 8A). They also make NMBA endorsement the operative marker of a midwife’s qualification (s 7). Both connections mean that changes the Board makes to guidelines or to endorsement processes will have direct legal consequences for Scheme eligibility, because the Rules treat those administrative documents "as in force from time to time" (s 5 note; s 8A).

Interaction with Australian Bureau of Statistics CPI publications

• The interest rate formula in s 10 depends on the All Groups Consumer Price Index number for March quarters published by the Australian Statistician. The Rules instruct administrators to use the weighted average of the eight capital cities and to apply special rules if the Australian Statistician publishes substitute index numbers or changes the CPI reference period (s 10(1), (5)-(6)). Changes to the ABS publication practices or re‑referencing of CPI series therefore affect the calculation of the applicable interest rate.

Interactional consequences

• Dynamic incorporation: By tying eligibility and definitions to instruments that are "in force from time to time" (NMBA guidelines, Poisons Standard, CPI numbers), the Rules create dynamic interactions in which administrative or statistical changes outside the Commonwealth’s direct rule‑making process can change Scheme outcomes. Administrators must therefore monitor multiple external instruments.

• Contracting necessity: The eligible insurer condition requires insurers to have arrangements with the Commonwealth (s 6); this interacts with Commonwealth procurement and contracting law and practice by creating a pathway for insurers to become included in the eligible class through contractual means.

• Temporal dependencies: The temporary run‑off rule in s 11 references specific calendar dates. Its operation interacts with the Act’s subsection 31(2) and thus with any definitions or requirements in the Act it amplifies or preserves for the stated cohort.

Overall, the Rules function as connective tissue between the Act and other statutory and administrative instruments, importing rates, definitions and guidance documents and thereby making Scheme outcomes depend on a network of external legal and administrative texts.

The instrument identifies itself as the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020 and states it is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 (s 1, s 3). The text included in the source appears to be a consolidated or replicated copy of the Rules, repeated in several places within the provided material. The instrument itself contains no express schedule of amendments, no history of prior versions, and no amending instrument citations within the text provided.

What the instrument records internally

• Date‑bounded temporary measure: The only explicit time‑bound change recorded in the instrument is the temporary measure in s 11, which operates for persons who begin practising as eligible midwives within the window from 2 April 2020 to 21 September 2023. That provision is itself a temporal amendment of applicability for subsection 31(2) of the Act, but it is framed as a rule‑based temporary measure rather than an amendment to the Act.

• Incorporation "as in force from time to time": Several provisions adopt external materials "as in force from time to time" (s 5 note, s 8A). That phrasing allows the Rules to interact with amendments to those external instruments without requiring amendment of the Rules. For example, if the Nursing and Midwifery Board updates its Safety and Quality Guidelines, the Rules automatically take the updated version as the operative requirements for intrapartum care. The Poisons Standard is likewise referenced by the endorsement requirement (s 7). This design reduces the need for frequent formal amendment of the Rules to track those external changes.

Absent explicit amendment record

• The instrument text does not include historical marginal notes, commencement dates for individual provisions, repeal or replacement notations, or references to previous amending instruments. The lack of an in‑text amendment history means that to trace changes to the Rules one must consult external legislative registers, the Commonwealth Gazette, or the consolidated legislation database where commencement and amendment metadata are normally recorded. The Rules as presented stand on their face as the 2020 Rules; any later amendments or repeals are not reflected in the provided material.

Practical effect for users

• Because the Rules incorporate external instruments without freezing them, users must be attentive to changes in those external materials rather than relying solely on the static text of the Rules. The instrument’s internal temporal measure creates a limited retroactivity or preservation for a specific cohort, but the Rules do not otherwise document a history of variation in the text provided.

In short, the instrument records no in‑text amendment chronology beyond its own date and the temporary measure; it relies on dynamic incorporation of external documents to absorb external changes, thereby reducing the need for frequent amendment to the Rules themselves.

The provided instrument text contains no references to judicial decisions, litigation outcomes, or disputes concerning the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020. The Rules do not cite case law, nor do they note any legal challenges or court determinations concerning their operation.

What the absence of litigation references implies for practitioners

• No cases named in the instrument: Because the Rules do not name any cases, and do not include any statutory interpretations contested in reported judgments, there is no litigation history available within the instrument to guide interpretation. Practitioners must therefore rely on the plain wording of the Rules as drafted and on the Act for interpretive questions, and if necessary, seek authoritative judicial interpretation through future litigation.

• Administrative decisions and review routes: The Rules frequently rely on administrative acts (NMBA endorsements, ABS CPI publications, arrangements between insurers and the Commonwealth). Where disputes arise about the application of those administrative acts in relation to Scheme eligibility, the appropriate forum for challenge will depend on the nature of the decision: administrative law review for Commonwealth decisions, statutory appeal routes under the Act if any exist, or contract and regulatory dispute mechanisms for insurer dealings. The instrument itself does not specify dispute resolution procedures or privative clauses that would restrict judicial review.

• Practical expectation: In the absence of an internal litigation record, advisers should treat the Rules as operational technical guidance that will be enforced administratively in the first instance. If contested, the legal questions likely to surface would include the interpretation of the endorsement requirement in s 7, the scope of "arrangement with the Commonwealth" in s 6, the operation of the CPI‑based interest formula in s 10, and the scope and cessation mechanism of the temporary measure in s 11. Resolution of such questions would require reference to the Act, administrative materials and, potentially, judicial or tribunal consideration.

Conclusion on litigation history

• The instrument provides no litigation history. Any practitioner needing authoritative judicial interpretation must therefore either rely on legal principles from other contexts when analogous issues arise or anticipate that contested questions will be resolved by administrative review or litigation separate from the instrument text.

The Rules contain several technical features and dependencies that create practical risks or traps for claimants, insurers and administrators. These are matters where a small procedural or timing oversight can change eligibility, payment calculation or coverage status.

1. Dependence on an NMBA endorsement as the decisive eligibility marker (s 7)

• The Rules require that a midwife’s licence, registration or authorisation be endorsed by the Nursing and Midwifery Board of Australia with a specific statement that the person is qualified to prescribe medicines in Schedules 2, 3, 4 and 8 to the current Poisons Standard and to provide associated services in line with state and territory law (s 7(2)(a)-(b)). The endorsement is the prescribed proof of the relevant qualification. A midwife who has the requisite training or clinical scope but lacks the formal NMBA endorsement will not satisfy the Rule’s requirement. Practitioners should not assume that professional practice alone suffices; they must confirm endorsement exists and is properly worded.

2. The Poisons Standard reference is to the "current" version (s 7)

• Because the Rules ask for qualification to prescribe medicines included in the "current Poisons Standard", changes in the Poisons Standard can expand or contract the set of medicines relevant for endorsement. A midwife’s entitlement may shift if the Poisons Standard is amended. The Rules do not freeze a schedule list; they reference the current instrument.

3. Incorporation of NMBA guidelines "as in force from time to time" (s 8A)

• The prescriptive adoption of the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means that changes in those guidelines directly alter the statutory meaning of "intrapartum care" for the Scheme. That can create moving targets for compliance, and it raises the administrative question of notice: the Rules do not prescribe an obligation to notify midwives of guideline changes. Practitioners should track NMBA publications.

4. Eligible insurer requirement is contractual, not market‑wide (s 6)

• The definition of eligible insurer is limited to insurers that have an arrangement with the Commonwealth to provide premiums and run‑off cover. If an insurer has not contracted with the Commonwealth, policies it issues may not be recognised as coming from an eligible insurer under the Act. Midwives should confirm that their insurer is an "arranged" insurer as required by s 6, not merely that it is a licensed insurer.

5. Narrow list of named eligible entities (s 8)

• The Rules name two eligible entities. Entities that expect to be treated as eligible entities for the purposes of the Act but are not listed will not obtain that specification from these Rules. The presence of named entities does not imply exclusivity in the Act, but practitioners should not assume other entities are covered by virtue of the Rules.

6. Rounding and minimum rate rules for run‑off credit interest calculations (s 10(2)-(4))

• The interest rate for run‑off cover credit is computed by a CPI ratio and then rounded to three decimal places, but with a mechanism to increase by 0.001 if the fourth decimal would be greater than 4, and with a minimum rule that the rate must be at least 1 per cent. These technical rules can produce non‑intuitive results near rounding thresholds. Small differences in CPI publication can therefore shift the effective rate noticeably. Administrators and accountants must apply the rounding rule precisely.

7. Disregard of substituted index numbers except on CPI reference period changes (s 10(5)-(6))

• If the Australian Statistician republishes an index number in substitution for a previously published number for a quarter, s 10(5) requires that the later publication be disregarded for the purposes of the section, subject to the exception in s 10(6) where the index reference period is changed. That rule can be a gotcha when ABS corrects or revises a CPI number: the Rules tell you which published series to use and flag that a change in index reference period is a separate event that requires applying the new series going forward.

8. Temporary run‑off coverage cessation if still practising at the end date (s 11(3))

• Section 11(2) extends the application of subsection 31(2) to eligible midwives who begin practice between 2 April 2020 and 21 September 2023, but s 11(3) provides that if, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) ceases to cover the person at the end of that day. This creates a cliff: persons who remain practising at the cut‑off lose the temporary extension. Timing of cessation is strict and could affect claims for run‑off contributions; careful calendar management is required.

9. Reliance on external administrative documents creates monitoring obligations

• Multiple operative elements depend on external instruments (NMBA endorsements and guidelines, the Poisons Standard under the Therapeutic Goods Act, ABS CPI numbers, the Taxation Administration Act for the general interest charge rate). Parties cannot rely solely on the Rules text; they must also monitor those external sources for changes that will affect eligibility or calculation.

10. No internal guidance on proof or application procedures

• The Rules set documentary thresholds (endorsements, arrangements with Commonwealth) but do not prescribe the administrative procedure to be used to lodge proof, the form of the endorsements, or timelines for contracting. Practitioners must therefore seek administrative guidance or policy materials from the agency administering the Act to understand practical compliance steps.

These features are concrete operational risks. Addressing them requires checking endorsements, insurer Commonwealth arrangements, ABS data and NMBA publications, and careful attention to the s 11 temporal cut‑off.

Compliance with the Rules requires steps by midwives, insurers and Commonwealth administrators. The Rules set documentary, contractual and numerical tests; compliance is therefore administrative, evidentiary and procedural.

For midwives

1. Obtain and maintain the NMBA endorsement required by s 7

• Ensure your licence, registration or authorisation to practise midwifery is endorsed by the Nursing and Midwifery Board of Australia with the statement that you are qualified to prescribe medicines included in Schedules 2, 3, 4 and 8 to the current Poisons Standard and to provide associated services required for midwifery practice in accordance with relevant state and territory legislation (s 7(2)(a)-(b)). Do not rely on informal attestations or employer statements. Secure the formal NMBA endorsement and keep a certified copy for claims or scheme applications.

2. Monitor the Poisons Standard and NMBA Guidelines

• Because the endorsement requirement refers to the "current Poisons Standard" and s 8A prescribes the NMBA’s Safety and Quality Guidelines for Privately Practising Midwives as defining intrapartum care, you must monitor both instruments for changes that could affect your endorsement or scope. Maintain records of the versions current at the time of endorsement.

3. Time practice with the temporary run‑off measure in mind (where relevant)

• If you began practising as an eligible midwife between 2 April 2020 and 21 September 2023, confirm whether subsection 31(2) of the Act applies to you by reference to s 11. Note that if you remain engaged as an eligible midwife at the end of 21 September 2023, the temporary coverage provided by s 11 ceases for you at that time (s 11(3)). For run‑off claims or election decisions, ensure you understand the timing implications.

For insurers

1. Secure and document an arrangement with the Commonwealth (s 6)

• If you wish to be counted as an eligible insurer under the Act, enter an arrangement with the Commonwealth that covers provision of midwife professional indemnity cover by contract and provision of cover in the nature of run‑off cover (s 6(a)-(b)). Maintain documentary proof of the arrangement and ensure the arrangement covers both ongoing indemnity and run‑off obligations in the ordinary meaning.

2. Confirm internal policy wording aligns with Commonwealth expectations

• Ensure that policy documents and run‑off arrangements are structured so that Commonwealth administrators will recognise them pursuant to s 6. Because the Rules do not set contractual terms, insurers should obtain administrative confirmation from the responsible Commonwealth agency about the form and content of the required arrangements.

For Commonwealth administrators and accountants

1. Apply the CPI formula and rounding rules precisely (s 10)

• When calculating the applicable interest rate for a financial year under s 44(4) of the Act, use the CPI ratio of the latest March quarter to the earlier March quarter (s 10(1)). Round to three decimal places (s 10(2)). If the fourth decimal digit would be greater than 4, increase the third decimal by 0.001 (s 10(3)). Enforce a floor of 1 per cent if the computed rate would be less than 1 (s 10(4)). Document calculations and retain the ABS index numbers used.

2. Respect the substituted index number rule and reference period changes (s 10(5)-(6))

• If the Australian Statistician republishes an index number for a quarter in substitution for previously published numbers, disregard the later publication for the purposes of s 10 unless the ABS changes the CPI reference period. If the ABS changes the index reference period, then for applying s 10 after the change, use the index numbers expressed in the new reference period. Keep a log of ABS communications and CPI series identifiers used.

3. Use the Taxation Administration Act GIC rate for late payment penalties (s 9)

• For the first day in the relevant late payment periods under subsections 28(2), 40(2) and 76(2) of the Act, apply the general interest charge rate defined in s 8AAD of the Taxation Administration Act 1953, noting it is a daily rate (s 5 note; s 9). Coordinate with the Commissioner’s published GIC rates to ensure accurate application.

For entities and organisations

1. If you are one of the named eligible entities, retain confirmation documents (s 8)

• My Midwives Pty Ltd ACN 144 509 777 and Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853 are specified as eligible entities (s 8). These organisations should retain copies of the Rules mentioning them and be prepared to produce them when asserting entitlement under the Act.

General record‑keeping and procedural recommendations

1. Maintain contemporaneous documentary proof

• Keep certified copies of NMBA endorsements, insurance arrangements with the Commonwealth, CPI numbers used for calculations, and any communications from the ABS, NMBA or Commonwealth officials. The Rules treat these documents as the decisive evidence for eligibility and calculation.

2. Seek administrative guidance where the Rules are silent

• The Rules do not specify application forms, submission processes, or the exact administrative evidence required to establish an insurer’s arrangement with the Commonwealth. Where the Rules are silent, request written administrative guidance from the responsible Commonwealth body and retain acknowledgements.

3. Review timelines and cut‑offs

• Be mindful of the s 11 cut‑off (21 September 2023) if you or clients fall within the temporary cohort. For any calculations tied to financial years or CPI quarters, plan submission and accounting cycles so that the correct CPI quarter and index numbers are applied.

4. Audit compliance periodically

• Because several operative elements change "as in force from time to time" (s 5 note, s 8A), implement a periodic audit process to check continued compliance with current NMBA guidelines, the Poisons Standard, insurer arrangement status and CPI computation methods.

Following the foregoing steps implements the documentary, contractual and numerical requirements set out in the Rules. Where procedural gaps remain, advance written clarification from the administering agency will reduce risk in claim submissions or acknowledgements of eligibility.