This instrument is the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020.
3 Authority
This instrument is made under the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.
Division 2—Definitions
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) eligible midwife;
(b) insurer;
(c) midwife professional indemnity cover.
In this instrument:
Act means the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010.
general interest charge rate has the same meaning as in section 8AAD of the Taxation Administration Act 1953.
Note: The general interest charge rate is a daily rate.
Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives means the Safety and Quality Guidelines for Privately Practising Midwives developed by the Nursing and Midwifery Board of Australia, as in force from time to time.
Note: The Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives can be viewed on the Nursing and Midwifery Board website (https://www.nursingmidwiferyboard.gov.au/).
6 Eligible insurer
For the purposes of the definition of eligible insurer in subsection 5(1) of the Act, this section specifies the class of insurers each of which has an arrangement with the Commonwealth relating to:
(a) the provision, by contracts of insurance with the insurer, of midwife professional indemnity cover; and
(b) the provision by the insurer of cover in the nature of midwife professional indemnity run‑off cover (within the ordinary meaning of that term).
7 Requirement for eligible midwife
(1) For the purposes of paragraph (b) of the definition of eligible midwife in subsection 5(1) of the Act, this section specifies a requirement to be met by a person who is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory.
(2) The person must have the person’s licence, registration or authorisation to practise midwifery endorsed by the Nursing and Midwifery Board of Australia with a statement to the effect that the person is qualified:
(a) 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); and
(b) to provide associated services required for midwifery practice in accordance with relevant State and Territory legislation.
8 Eligible entity
For the purposes of paragraph (a) of the definition of eligible entity in subsection 5(1) of the Act, each of the following persons are specified:
My Midwives Pty Ltd ACN 144 509 777;
Waminda South Coast Women’s Health and Wellbeing Aboriginal Corporation ICN 853.
8A Intrapartum care
For the purposes of paragraph (c) of the definition of intrapartum care in subsection 5(1) of the Act, the requirements set out in the Nursing and Midwifery Board of Australia’s Safety and Quality Guidelines for Privately Practising Midwives are prescribed.
Part 2—Midwife Professional Indemnity Commonwealth Contributions
9 Late payment penalty rate
For each of the following subsections of the Act, the general interest charge rate for the first day in the period described in paragraph (c) of the subsection is specified for the purposes of paragraph (a) of the subsection:
(a) subsection 28(2);
(b) subsection 40(2);
(c) subsection 76(2).
Note: The general interest charge rate is a daily rate that, under the relevant subsection of the Act, applies for each day in the period.
10 Applicable interest rates for financial years for working out total run‑off cover credit
(1) For the purposes of subsection 44(4) of the Act, the rate of interest, for a financial year, is the rate as worked out using the following formula:
Start formula start fraction index number for the latest March quarter over index number for the earlier March quarter end fraction end formula
where:
index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in respect of that quarter.
earlier March quarter, in respect of a financial year, means the index number for the March quarter before the latest March quarter in respect of that financial year.
latest March quarter, in respect of a financial year, means the index number for the March quarter before the beginning of the financial year.
Note: Example: For the 2020–21 financial year, the index number for the latest March quarter is the index number for the quarter ending March 2020 and the index number for the earlier March quarter is the index number for the quarter ending March 2019.
(2) A rate of interest is to be worked out to 3 decimal places.
(3) If a rate of interest worked out under subsections (1) and (2) would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the rate is to be increased by 0.001.
(4) If a rate of interest worked out under subsections (1), (2) and (3) would be less than 1, the rate is to be increased to 1.
(5) Subject to subsection (6), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
(6) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.
Part 3—Application, transitional and saving provisions
Division 1— Temporary measure relating to eligible run‑off claims
11 Eligible run‑off claims
(1) For the purposes of paragraph 31(2)(f) of the Act, subsection 31(2) of the Act applies to the persons covered by subsection (2) of this section.
(2) Subject to subsection (3) of this section, this subsection covers a person if subsection 31(2) of the Act would apply to the person (disregarding this section) were it not for practice as an eligible midwife that the person begins to engage in during the period:
(a) beginning on 2 April 2020; and
(b) ending on 21 September 2023.
(3) If, at the end of 21 September 2023, the person is still engaged in practice as an eligible midwife, subsection (2) of this section ceases to cover the person at the end of that day.