Claims and amounts not eligible

There are claims and amounts that aren’t eligible under the ROCS.

What incidents you can’t seek payment for

You can’t submit a ROCS application for an incident or a series of related incidents if:

  • they didn’t occur as part of a person’s practice as a medical practitioner
  • the claim wasn’t made against the medical practitioner
  • you were notified about them before 1 July 2004
  • you aren’t liable to pay in relation to the claim
  • they aren’t normally covered in your ordinary course of business.

What amounts you can’t claim

You can’t claim GST under the ROCS.

You also can’t claim an amount if:

  • another party has responsibility to pay it
  • it’s an insurer to insurer payment
  • the cost wasn’t incurred in relation to the incident
  • the judgment or settlement amounts are still within the appeal period or have been appealed or stayed.

Page last updated: 28 October 2020