Eligibility for the Midwife Professional Indemnity Run-Off Cover Scheme (MPIROCS)

Midwives are eligible if they have stopped paid private practice and had indemnity insurance while they were practising.

Eligibility criteria

The MPIROCS covers midwives who:

If an eligible midwife dies, the MPIROCS covers their legal representative or estate.

A midwife is not eligible if they have never had MPIS cover.

Immediate eligibility

MPIROCS cover will start immediately if an eligible midwife:

Eligibility after 3 years

If a midwife stops private practice for other reasons, they will become eligible after 3 years.

They can:

  • buy run-off insurance to cover the waiting period – this will become their last cover and is what their MPIROCS cover will be based on
  • be uninsured – this means they personally bear the costs of any legal action against them that relates to their previous midwifery practice.

Evidence of eligibility

Medical Insurance Australia (MIGA) will let the midwife know if they need supporting evidence. This is usually a statutory declaration form.

Find out more about evidence of eligibility on the Services Australia website.

Maternity leave

To be eligible immediately because of maternity leave, a midwife must stop all private and public practice.

Maternity leave includes leave for:

  • miscarriages or stillbirths
  • recovering from pregnancy
  • childbirth
  • subsequent care of the newborn or other children.

There is no limit to the amount of maternity leave a midwife takes.

When the midwife returns to work

When the midwife starts their practice again, their eligibility for MPIROCS cover ends, even if they only work a day or two a week. They will have no cover for current and previous incidents unless they buy indemnity insurance with retroactive cover.

The midwife can become eligible for the MPIROCS again, for example if they go on maternity leave again or retire.

Permanent disability

To be eligible immediately because of disability, the midwife must stop all private and public practice.

The disability must:

  • be the result of an injury or illness that is permanent or is likely to be permanent
  • mean that they can no longer practice as a midwife.

Notices of MPIROCS cover

MIGA must issue notices of MPIROCS cover if they are aware that a midwife has become eligible for the MPIROCS.

They must tell the midwife:

  • the scope of their MPIROCS cover, including the types of incidents
  • any other terms and conditions of the cover.

Midwives are eligible if they meet the eligibility criteria, even if they do not receive a notice. MIGA may not become aware of all eligible midwives.

If a midwife has not received a notice of MPIROCS cover, they should contact MIGA.

MPIROCS and other schemes

Midwives may also be eligible for the Allied Health Exceptional Claims Scheme if the cost of a claim against them is higher than their MPIROCS cover. To find out more, see amount covered.

Leaving the MPIROCS

If a midwife’s MPIROCS cover ends but they want to continue receiving run-off cover, they should buy separate professional indemnity insurance that includes retroactive cover. They should arrange this before their MPIROCS cover ends.

If a midwife is no longer eligible

A midwife’s circumstances may change so that they are no longer eligible. MPIROCS cover will end from the date of the change. The midwife should immediately advise MIGA.

The MPIROCS will continue to cover any eligible claim that was notified while the midwife was eligible.

If the MPIROCS ends

If the Australian Government ends the MPIROCS, midwives:

  • eligible on the end date will continue to receive cover for eligible claims
  • who contributed MPIROCS support payments through their premiums will receive a refund.

Re-entering the workforce

Paid private practice

A midwife will become ineligible for the MPIROCS if they re-enter paid private practice, even if it is only for an hour or two.

Public sector work

A midwife on maternity leave will become ineligible if they engage in paid public sector work, even if it is only for an hour or two.

A retired midwife will remain eligible if they engage in only paid public sector work.

Services other than midwifery

A retired midwife may become ineligible if they provide services such as consulting or being an expert witness. They should contact MIGA.

Date last updated:

Help us improve health.gov.au

If you would like a response please use the enquiries form instead.