34Cover for personal injury caused by medical misadventure before 1 July 2005

1. This section applies to—

2. claims for cover for personal injury caused by medical misadventure that were lodged with the Corporation before 1 July 2005, but have not been determined; and
3. claims for cover for personal injury caused by medical misadventure that were declined by the Corporation before 1 July 2005, but are lodged again on or after that date as claims for cover for treatment injury (and not lodged as claims referred to in subsection (4)).

4. Claims lodged in the circumstances described in subsection (1) must be determined under the relevant provisions in force immediately before 1 July 2005.

5. Reviews and appeals must be dealt with under the relevant provisions of Part 5 in force immediately before 1 July 2005, if the decision being reviewed or appealed—

6. was made before 1 July 2005; or
7. is one to which subsection (2) applies.

8. Subsection (1)(b) does not apply in relation to a claimant if,—

9. before 1 July 2005, the Corporation declined the claimant's claim for cover for personal injury caused by medical misadventure because there was no personal injury; and
10. on or after 1 July 2005, the claimant lodges a claim for cover for treatment injury in respect of a personal injury that—
    1. occurred after the decision to decline the earlier claim (whether before or after 1 July 2005); and
    2. arises out of the circumstances on which the earlier claim was based.

11. To avoid doubt, a claim for cover for personal injury caused by medical misadventure before 1 July 2005 that is lodged for the first time on or after 1 July 2005 must be determined under the relevant provisions in force on or after 1 July 2005 (that is, it is to be determined as if it were a treatment injury).