Apportionment is how liability between parties to a claim are decided.
The amount is proportionate to each party’s legal liability. You must give us evidence of the apportionment liability when you apply.
When you’re making a claim you need to deduct the amount of liability apportioned, if any, to parties that are not the subject of the payment application.
If the Medical Indemnity payment application includes an amount paid to settle the claim, you must give us details of any apportionment of liability for all parties subject to the claim. This includes the member or policy holder.
An independent barrister must certify the apportionment amounts if your in house legal advisors or an external law firm are acting for both:
- the member or policy holder subject to the Medical Indemnity payment application
- a member or policy holder who is not eligible under the schemes you’re applying for.
Page last updated: 29 October 2019
This information was printed 28 May 2020 from https://www.servicesaustralia.gov.au/organisations/health-professionals/services/medicare/incurred-not-reported-indemnity-scheme/claiming/apportionment-arrangements. It may not include all of the relevant information on this topic. Please consider any relevant site notices at https://www.servicesaustralia.gov.au/individuals/site-notices when using this material.