Australian Government, Australian Government Actuary

Appendix 2: Eligible persons and Run-Off Cover Scheme contracts

Eligible persons

A.2.1 Eligible persons are those who fit one or more of the following eligibility categories at the time the claim (or incident) is first notified to the eligible insurer (section 31(2) of the Act):

  • a person aged 65 years or older who has permanently retired from private practice as an eligible midwife;
  • a person who has not engaged in private practice as an eligible midwife at any time during the preceding three years. (Note: unlike other categories, eligibility does not occur immediately upon ceasing practice);
  • a person who has ceased the person’s practice as an eligible midwife because of maternity;
  • a person who has ceased the person’s practice as an eligible midwife due to permanent disability;
  • a legal representative of a deceased person who had been an eligible midwife; and
  • a person who is included in a class of persons that the Rules specify as persons to whom this subsection applies.

A.2.2 An eligible person must first be eligible for Commonwealth supported professional indemnity cover, which means a person who:

  • is licensed, registered or authorised to practice midwifery by or under a law of the Commonwealth, a State or a Territory; and
  • meets such other requirements (if any) as are specified in the Rules.

Provision and notification of compulsory run-off cover

A.2.3 Under an arrangement in force with the Commonwealth, MIGA is required to notify eligible persons of their entitlement to run-off cover and then to provide that cover to them.

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