Part 1 Preliminary

1   Name of Regulation

This Regulation is the Health Care Liability Regulation 2007.

2   Commencement

This Regulation commences on 1 September 2007.

Note. This Regulation replaces the Health Care Liability Regulation 2001, which is repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

(1)  In this Regulation:

approved insurance requirement means, in relation to a medical practitioner, the requirement under section 19 of the Act for the medical practitioner to be covered by approved professional indemnity insurance.

the Act means the Health Care Liability Act 2001.

(2)  Notes in the text of this Regulation do not form part of this Regulation.

Part 2 Medical practitioners

4   (Repealed)

5   Exemption for limited period after cessation of insurer’s business

(1)  If a medical practitioner ceases to be covered by approved professional indemnity insurance as a consequence of the cessation of business of the insurer who provided the insurance, the medical practitioner is, in accordance with section 19 (4) (b) of the Act, exempt from the approved insurance requirement but only for a period of no more than 3 months (or such longer period as the Minister may specify by order published in the Gazette) immediately following the date on which the medical practitioner ceased to be so covered.

(2)  The reference in subclause (1) to the cessation of business of an insurer includes a reference to the appointment of a liquidator, administrator or controller (within the meaning of the Corporations Act 2001 of the Commonwealth) in respect of the insurer’s business.

Part 3

6–9(Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Health Care Liability Regulation 2007 (417). GG No 108 of 31.8.2007, p 6210. Date of commencement, 1.9.2007, cl 2. This Regulation has been amended as follows:

Table of amendments