Adjudicative or Determining Body

includes but is not limited to, a court, tribunal, commission, coroner’s court, special commission or inquiry, agency and entity under the Health Practitioner Regulation National Law including a national board, board, tribunal, panel, committee and professional council.

Administrative Staff or Assistants

Under MIPS' Indemnity Insurance Policy, Administrative Staff or Assistants means a person employed directly or indirectly by You to the extent that they assist You to provide Healthcare to Your patients, but excludes any person who is, or is required to be, registered with AHPRA.


Australian Financial Services Licence


Australian Health Practitioner Regulation Agency


Australian Medical Council


Australian Privacy Principles


Australian Prudential Regulation Authority

Asynchronous Telehealth

Patient interactions that are solely by means of transmission of images and/or data where there is no real time interaction with the Patient that is face-to-face or via audio or video communication.



means any request for indemnity that is covered under this Policy in relation to an Incident. We regard each of the following as a single Claim:
• All Claims arising from Your provision of Healthcare to any one Patient.
• All Claims arising from Your provision of Healthcare to any one childbearing person and their unborn child/children or newly born child/children.
• All Claims by one or more claimants arising from any one Incident or any one series of related Incidents arising from Your provision of Healthcare.
• All such Claims constituting a single Claim will be deemed to have been first made on the date on which the earliest single Claim was first made, regardless of whether such date is before or during the Period of Insurance.


means any natural person other than a Patient where there is, or has previously existed, a professional relationship arising out of Your provision of Healthcare.


Continuing Professional Development

Cyber Act

means an unauthorised, malicious or criminal act (including cybercrime) or series of related unauthorised, malicious or criminal acts, regardless of time and place, involving access to, processing of, use of or operation of any Cyber System.

Cyber Incident

• any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Cyber System; or
• any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Cyber System.

Cyber System

means any computer, hardware, software, communications system, electronic device (including, but not limited to smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by You or any other party.



Under MIPS' Indemnity Insurance Policy, Data means any information electronically stored on Your computer system or the computer system of an external company appointed to provide services which include the storage of information which would otherwise be stored internally.

Defence costs

Under MIPS' Indemnity Insurance Policy, Defence Costs means legal costs, disbursements and related expenses reasonably and necessarily incurred in relation to Claims, Investigations or proceedings but only if Our written consent (which will not be unreasonably withheld) is obtained before any Defence Costs are incurred. Defence Costs include costs incurred in:
• any Claim, Investigation or proceeding;
• prosecuting any proceeding for indemnity,
• contribution or recovery; or
• investigating, avoiding, reducing or settling any Claim.
Defence Costs does not include the costs of defending any criminal prosecution or of any appeal unless We have consented in writing to the pursuit of the appeal before the appeal is commenced.


Employee Dispute

• allegations, complaints or proceedings under unfair dismissal, discrimination, equal opportunity or human rights legislation; or in relation to a breach of employment contract; or
• in relation to Clause 19.1 an allegation by You of a lack of procedural fairness in relation to a decision which has resulted in a mid-term suspension, limitation or revocation of Your credentialing with a hospital or health service.

Extended Reporting Period

Under MIPS' Indemnity Insurance Policy, Extended Reporting Period means the extended reporting period, if any, set out on Your Member Benefit Statement.

Extreme High-Risk Sport

Under MIPS' Indemnity Insurance Policy, Extreme/High-Risk Sport means any sport or setting in which a sport is held where the possibility of severe injury or death is an inherent part of the activity, including a high risk of concussion, cardiac arrest, spinal/head/other significant injuries, and includes but is not limited to the following sports:
• Motor sports;
• Combat sport including martial arts and boxing;
• Horse racing or other equestrian event;
• High speed sports such as cycling and downhill skiing;
• White-water kayaking/canoeing;
• Ultra-endurance events including marathons;
• Contact sports including Australian rules football, rugby.


Good Samaritan Act

means Healthcare provided by You voluntarily and without remuneration in relation to an emergency where You would not normally be expected to be available to provide Healthcare.

Gratuitous Services

means Healthcare provided by You where You received no remuneration or other reward and Patients or others were not charged for Your services including prescribing, writing referrals and volunteer services.



Healthcare means:
• any consultation, interaction, support, treatment, advice, or service provided for the physical or mental health of a Patient; or
• supervising, educating, and training of others in their provision of Healthcare; or
• education or training You undertake to enable Your current or future provision of Healthcare; or
• any health-related examination, report or opinion prepared by You at the request of a third party, such as a lawyer, insurer or statutory body; or
• Your provision of health system management, health-related research, or health-related advice; or
• other activities You undertake for which Ahpra requires You to maintain registration; or
• other activities which MIPS has agreed in writing will be covered under this Policy.

In the case of Student Members, the above clauses do not apply, and the definition of Healthcare is limited to Patient interactions that occur while You are undertaking a healthcare placement, or elective as part of a university course or degree, that is required for You to qualify as a registered health practitioner. For international medical graduates, this includes activities related to any observerships You are required to undertake to obtain Ahpra registration.

Healthcare Practitioner

means an individual who practices a Healthcare vocation and is a member of MIPS.



means any actual or alleged act, error, omission or circumstance that occurs in the course of, or in connection with Your provision of Healthcare.


Under MIPS' Indemnity Insurance Policy, Investigation means a complaint to, or an investigation, inquiry or disciplinary proceeding conducted by, a coroner, a hospital, Your employer, any health industry ombudsman, a health practitioner’s registration board or by any other regulatory body or professional association arising from or in connection with an Incident, but does not include a criminal prosecution.


Legal Costs

means the reasonable and necessary legal fees, disbursements and related expenses that We incur in relation to the defence, pursuit or settlement of a Claim or otherwise representing You in relation to a Claim accepted under this Policy. Legal Costs do not include the cost of any appeal unless otherwise agreed in writing with Us.


Medical Indemnity

A special type of professional indemnity insurance enshrined in legislation specifically created for health care professionals for the risks arising out of their provision of health care. This covers legal costs and expenses incurred in your defence, as well as any damages or costs that a court may order you to pay.

Member Benefit Statement

means the most recent statement issued to You referencing this Policy.

Membership Classification Guide

means Section 6 of the Member Handbook.

MIPS Insurance

Under MIPS' Indemnity Insurance Policy, MIPS Insurance/Us/We/Our means MIPS Insurance Pty Ltd ABN 81 089 048 359.



means a person who has received or is receiving Healthcare from You.


Product Disclosure Statement

Period of Insurance

means the membership period on Your Member Benefit Statement.


means the Indemnity Insurance Policy, Membership Classification Guide, this PDS, any supplementary PDS and Your Member Benefit Statement issued by Us. Policy includes all documents that provide terms, conditions, definitions, exclusions, endorsements, or extensions and includes this Policy wording and any amendments to this wording

Practice Entity

Under MIPS' Indemnity Insurance Policy, Practice Entity means an entity which is wholly owned by You and/or Your spouse and which provides support to You to provide Healthcare to Your patients.

Practice staff

means a person employed directly or indirectly by You to the extent that they assist You to provide Healthcare to Your Patients including administrative staff, practice managers, nurses, and dental assistants.


Under MIPS' Indemnity Insurance Policy, Practitioner means an individual who practices a healthcare vocation and is a member of the Medical Indemnity Protection Society. Your Member Benefit Statement will record whether You are a medical or dental practitioner or other category of member for the purposes of this Policy.

Prohibited Substance

means drugs or compounds banned by a regulatory agency or where drugs or compounds are used at unlawful concentrations.


Restricted Practice Activities

Under MIPS' Indemnity Insurance Policy, Restricted Practice Activities means any treatment, procedure or practice: that is described in a notice sent to You pursuant to clause 25, Cessation of specified Healthcare activities, of this Policy after 14 days of receiving such notice; or that a hospital or employer has directed You not to provide when working for them or on their premises.

Retroactive Date

Under MIPS' Indemnity Insurance Policy, Retroactive Date means the retroactive cover date on Your Member Benefit Statement.


Run-off Cover Scheme

Run-off Cover Period

Under MIPS' Indemnity Insurance Policy, Run-off Cover Period means the run-off cover/extended reporting period, if any, in Your Member Benefit Statement.


Sole Practitioner

means You, where within the single practice entity You operate and control for the purpose of providing Healthcare, You are the sole registered healthcare practitioner and are a beneficial owner of the practice. Your beneficial ownership of the practice can include direct ownership, joint ownership or ownership via a trust, company, partnership or business but does not include ownership through a corporate entity that is within a corporate group comprising multiple corporate entities.

Student Member

means a member of MIPS in the ‘Healthcare student’ or ‘Preregistration practice’ category in the Membership Classification Guide.



means Healthcare provided by You where the means of delivering Healthcare involves the transmission of audio, video, images and/or data between You and a Patient. This may occur in real time. However, where it does not occur in real time, We separately define this as Asynchronous Telehealth.

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