Eligibility

The person against whom the claim was made must be eligible for ROCS when the claim was first notified to the MDO or MII.

They must meet 1 or more of the following eligibility classes.

The person against whom the claim was made must be aged 65 years or over and:

  • permanently retired from paid private medical practice, but continue to work for pay in the public sector
  • permanently retired from all paid medical practice, or
  • apart from providing free medical services in private medical practice, retired from practice as a medical practitioner

In the 3 years before the date of the claim the person against whom the claim was made must:

  • not be engaged in any paid medical practice, or
  • not practice as a medical practitioner, apart from providing free medical services in private medical practice

The person against whom the claim was made must have temporarily or permanently:

  • ceased remunerated medical practice due to maternity
  • ceased practice as a medical practitioner, apart from providing free medical services in private medical practice due to maternity
  • ceased paid medical practice because of permanent disability, or
  • ceased practice as a medical practitioner, apart from providing medical services free of charge in private medical practice because of permanent disability

The person against whom the claim was made must:

  • be the legal personal representative of a deceased person who had been a medical practitioner, or
  • hold a temporary visa - within the meaning of the Migration Act 1958 - and nominate their occupation as a medical practitioner, recognised by the relevant authority in Australia as entitling the visa holder to practice as a medical practitioner

The Medical Indemnity Act 2002 gives more details on maternity and permanent disability in this context.

Page last updated: 22 February 2019

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