What claims are eligible

You can only make a ROCS application against certain medical practitioners.

A representative of an eligible Medical Defence Organisation (MDO) or Medical Indemnity Insurer (MII) can only submit applications.

Eligible claims

A claim may be eligible under the ROCS if the:

  • MII or MDO were first notified of the claim or facts that may give rise to it on or after 1 July 2004
  • incident occurred in the course of, or in connection with, the person’s practice as a medical practitioner
  • incident was covered under the medical practitioner’s indemnity arrangement or agreement.

When your medical practitioner notifies you about the claim, they must:

  • be covered under ROCS
  • meet one or more of the eligibility classes.

ROCS eligibility classes

There’s 6 eligibility classes for a medical practitioner under the ROCS.

Your medical practitioner must submit the relevant supporting document to their MII or MDO. This is usually a Statutory Declaration form.

For some ROCS eligibility classes a Medical Certificate or Death Certificate must also be submitted.

You can complete and submit the Statutory Declaration or Medical Certificate retrospectively for a claim.

Read about each eligibility class and the evidence you’ll need to apply for a payment.

1. A medical practitioner who has permanently retired from private medical practice

For claims notified before 1 July 2020, the medical practitioner must be 65 years of age or over.

From 1 July 2020, the medical practitioner can be any age but must have permanently retired from private medical practice.

To be eligible the medical practitioner must complete and submit the Statutory declaration ROCS - Medical practitioner who has ceased private or all remunerated medical practice due to retirement form.

You don’t need a Medical Certificate to support this eligibility class.

2. A medical practitioner who has not engaged in private medical practice at any time during the preceding 3 years

In the 3 years before being notified of a claim or the incident, the medical practitioner must:

  • not have been engaged in any paid medical practice
  • have stopped practice as a medical practitioner, apart from providing free medical services in private medical practice.

To be eligible the medical practitioner must complete and submit the Statutory declaration ROCS - Medical practitioner who has not engaged in either private or remunerated medical practice during the preceding 3 years form.

You don’t need a Medical Certificate to support this eligibility class.

3. A medical practitioner who has temporarily or permanently stopped practicing privately due to maternity

To be eligible the medical practitioner must complete and submit both the:

For further information read the Medical Indemnity Act 2002 on the Federal Register of Legislation website.

4. A medical practitioner who has permanently stopped practicing due to disability

To be eligible the medical practitioner must complete and submit both the:

For further information read the Medical Indemnity Act 2002 on the Federal Legislation website.

5. A person who is deceased or is the legal personal representative of a deceased person who had been a medical practitioner

To be eligible the legal personal representative of a deceased person must submit a:

6. A medical practitioner who was an overseas medical practitioner and held a temporary visa

To be eligible the medical practitioner must submit a copy of the temporary visa.

The temporary visa needs to:

  • comply with the Migration Act 1958. The holder of the temporary visa must have nominated their occupation as a medical practitioner.
  • prior to 18 March 2018, be either a subclass 422 medical practitioner or a subclass 457 business long stay under the Migration Regulations 1994.

In addition, all of the following need to apply. The medical practitioner must:

  • have been recognised by the relevant authority to practice in Australia
  • have been engaged in a medical practice in Australia
  • not have been prohibited from engaging in medical practice in Australia
  • have permanently stopped practicing medicine in Australia
  • no longer live in Australia.

For further information read the Migration Act 1958 on the Federal Register of Legislation website.

If you don’t have a copy of the temporary visa, the medical practitioner can complete and submit the Statutory declaration ROCS - Overseas medical practitioner form.

You don’t need a Medical Certificate to support this eligibility class. If you have an eligible claim, read about how to apply for payment under the ROCS.

Page last updated: 21 July 2022