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This bill did not pass parliament23 June 2021

The bill was rejected or lapsed before becoming law.

🏛 House of Representatives3 readingsAmendments circulated

Medical and Midwife Indemnity Legislation Amendment 2021

✦ Plain-English Summary

# Medical and Midwife Indemnity Legislation Amendment 2021 ## What it does This bill updates the insurance rules for doctors and midwives so they can get proper liability cover if something goes wrong during treatment. It clarifies what counts as valid professional indemnity insurance and fixes gaps in the existing system, particularly for midwives who work independently or in small practices. ## Why it matters Doctors and midwives need insurance to protect themselves financially if they're sued by patients. Without clear rules about what insurance counts, some practitioners—especially midwives—faced uncertainty about whether they were actually covered when they needed it most. This bill removes that confusion. ## Key details - **Two separate timelines**: Changes for doctors kicked in from July 1, 2020, while midwife changes came into effect July 1, 2021 - **Midwife-specific rules**: The bill now recognises two types of valid insurance for midwives—cover from a licensed midwife insurer, or a standalone policy that covers only that individual midwife and their patients - **Eligibility clarified**: Midwives need to be "eligible" under the scheme and have proper insurance naming them specifically, otherwise they don't qualify for government support if a claim arises

Official Description

Amends the: Medical Indemnity Act 2002 to ensure that claims made against midwives in private practice whose registration is not endorsed by the Nursing and Midwifery Board of Australia to prescribe scheduled medicines are eligible under the Allied Health Schemes, where the claim relates to incidents that occurred on or from 1 July 2020; and Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 to expand eligibility of the Midwifes Schemes to cover claims made against midwives in private practice whose registration has been endorsed by the Nursing and Midwifery Board of Australia to prescribe schedule medicines, irrespective of whether the midwife is covered under a professional indemnity insurance policy as an employee or in an independent capacity.

Committee Referrals

Senate Community Affairs Legislation Committee

Full bill PDF →APH page →

Audit History

Introduced

27 May 2021

Last updated on APH

10 Apr 2026

Outcome date

23 June 2021

Last checked by Crossbench

yesterday

Full text indexed

yesterday

🗳️

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

Constituent votes

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