The Australian Health Practitioner Regulation Agency (AHPRA) is the national organisation responsible for implementing the National Registration and Accreditation Scheme (the National Scheme) across Australia.
AHPRA works with 15 National Health Practitioner Boards in implementing the National Registration and Accreditation Scheme.
All health practitioners who undertake any form of practice in their respective profession(s) must have professional indemnity insurance (PII) arrangements that comply with the relevant registration standard, for all aspects of their practice.
Initial registration and annual renewal of registration requires a declaration that the health practitioner will not practice unless they have appropriate PII arrangements.
Experien General Insurance Services helps, as an insurance broker, two categories of health practitioners to arrange professional indemnity insurance. These are Doctors and Dentists.
Doctors
The Medical Board of Australia requires all registered medical practitioners who provide health care or medical opinions in respect of the physical or mental health of any person, to ensure all aspects of their medical practice are covered by professional indemnity insurance (PII), or some alternative form of medical indemnity insurance cover that complies with the Board’s registration standard for professional indemnity insurance.
The Medical Board has a registration standard that sets out the Medical Board of Australia’s requirements for professional indemnity insurance (PII) arrangements for medical practitioners.
The standard applies to all registered medical practitioners except those with non-practising registration. It does not apply to registered students.
The Board may audit a practitioner’s renewal declarations to ensure that they are complying with the Board’s registration standards and their obligations under the National Law.
Professional indemnity insurance (PII) arrangements means arrangements that secure, for the practitioner’s professional practice, insurance against civil liability incurred by, or loss arising from, a claim that is made as a result of a negligent act, error or omission in the conduct of the practitioner. This type of insurance is available to practitioners and organisations across a range of industries and covers the cost and expenses of defending a legal claim, as well as any damages payable.
Some government organisations under policies of the owning government are self-insured for the same range of matters.
The following is a guide to the usual nature of PII arrangements for particular practice contexts.
1. Private practice
Insurance while practising in Australia, with an insurer registered with the Australian Prudential Regulation Authority and who meets the minimum product standards that apply to all medical indemnity insurers as defined in the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 (Cth). The insurance cover must include appropriate retroactive cover for otherwise uncovered matters arising from prior practice undertaken in Australia.
2. Employment or contractual arrangements in the public sector
Medical practitioners who are employed in the public sector or who work in the public sector under a contractual arrangement may have cover under a master policy, an employer’s indemnity arrangements, or be covered by legislation.
3. Other indemnified employer
Medical practitioners who are employees or have a contractual arrangement with a non-government employer may be covered by third party insurance arranged by the employer.
The following registered medical practitioners are exempt from requiring PII:
- where the scope of medical practice of an individual medical practitioner does not include the provision of health care or medical opinion in respect of the physical or mental health of any person
- where a medical practitioner has statutory exemption from liability. That is, they are employed as a medical practitioner or are in another arrangement and are exempted from liability under state or commonwealth legislation
- medical practitioners who are registered in Australia but are practising exclusively overseas.
Note: run-off cover is required for past practice in Australia.
The above information is based on limited extracts from the full standard for professional indemnity insurance for medical practitioners which can be found here.
Dentists
The Dental Board of Australia notes that Dentists can be covered by their own PII arrangements or third party PII arrangements. Their standard relating to Professional Indemnity Insurance Arrangements applies to all registered dental practitioners except those with student or non-practising registration.
Professional indemnity insurance (PII) arrangements means arrangements that secure for the practitioner’s professional practice insurance against civil liability incurred by, or loss arising from, a claim that is made as a result of a negligent act, error or omission in the conduct of the practitioner. This type of insurance is available to practitioners and organisations across a range of industries and covers the cost and expenses of defending a legal claim, as well as any damages payable. Some government organisations under policies of the owning government are self-insured for the same range of matters.
The Dental Board may, at any time, require you to provide evidence that you have appropriate professional indemnity insurance arrangements in place. If you hold private insurance in your own name, you must retain documentary evidence of your insurance for at least five years. If you are covered by a third party insurance arrangement, you are not required to obtain documentary evidence of the insurance policy unless the Board requests it. However, there may be circumstances when you are required to seek the documentation from that third party. If requested by the Board, you must provide a certified copy of the certificate of currency or a letter from the third party declaring that you are covered.
The above information is based on limited extracts from the full standard for professional indemnity insurance for dental practitioners which can be found here.
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