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 be:

  • 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 either:

  • not be engaged in any paid medical practice
  • 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 either:

  • be the legal personal representative of a deceased person who had been a medical practitioner
  • 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: 24 October 2019