This bill became law on Dec 10th, 2024.
Health, care & disability
From 1 July 2025, Australia starts this expanded insurance support for eligible midwife claims tied to births outside hospital.
Out-of-hospital births, including homebirths and Birthing on CountryA model of maternity care for Aboriginal and Torres Strait Islander women that aims to keep birth connected to culture, community and country. care, were left outside the current midwife indemnity scheme, blocking insurance access as the exemption for uninsured homebirths is due to expire on 30 June 2025. The bill expands the scheme so the Commonwealth fully covers eligible claims for those births, including for eligible employing organisations.
Australia’s midwife indemnity scheme already covered some private midwifery care, but it excluded out-of-hospital intrapartum careLabour and birth care provided outside a hospital, including at home and in some birth centres. such as homebirths and Birthing on CountryA model of maternity care for Aboriginal and Torres Strait Islander women that aims to keep birth connected to culture, community and country. services, leaving some midwives and employing organisations reliant on a temporary exemption that was due to expire on 30 June 2025. In the 2024-25 Budget the government moved to create a permanent fix, and Parliament passed this bill so from 1 July 2025 the Commonwealth could fully back eligible claims for those births under the expanded scheme.
No significant public case against the bill is recorded so far, beyond the practical concern that coverage for some out-of-hospital births can still be limited later by government rules. In parliamentary debate, no party represented in the debate opposed the bill, so any criticism appears narrow and mainly about future eligibility settings rather than the bill's core policy.
Ged Kearney MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 10 Dec 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
20 days
From introduction to the latest recorded parliamentary step
Meaning
From 1 July 2025, Australia starts this expanded insurance support for eligible midwife claims tied to births outside hospital.
The Commonwealth will pay the full cost of eligible insurance payouts for births managed by eligible midwives outside hospital, up to the higher Level 2 cap.
Claims about births outside hospital no longer have to clear a minimum Level 1 dollar threshold before Commonwealth support can apply.
Aboriginal community controlled health services and similar employers can also be covered when they run Birthing on CountryA model of maternity care for Aboriginal and Torres Strait Islander women that aims to keep birth connected to culture, community and country. care with eligible midwives outside hospital.
Government rules can limit which outside-hospital births are covered, so eligibility can depend on extra conditions set later.
(a) 1 July 2025; andMidwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment as-passed bill text
(2) The amount of a Level 1 Commonwealth contribution in relation to a claim for an out‑of‑hospital incident is 100% of the eligible insurer’s qualifying payment, or the sum of the eligible insurer’s qualifying payments, for the claim, if the amount does not exceed the Level 2 claim threshold.Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment as-passed bill text
(1A) There is no Level 1 claim threshold for a claim that relates to an out‑of‑hospital incident.Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment as-passed bill text
(ii) for a claim that relates to a Birthing on Country out‑of‑hospital incident—the eligible entity for the midwife, or the midwife; andMidwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment as-passed bill text
(c) to which any circumstances prescribed by the rules do not apply.Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment as-passed bill text
Context
Australia’s midwife indemnity scheme already covered some private midwifery care, but it excluded out-of-hospital intrapartum careLabour and birth care provided outside a hospital, including at home and in some birth centres. such as homebirths and Birthing on CountryA model of maternity care for Aboriginal and Torres Strait Islander women that aims to keep birth connected to culture, community and country. services, leaving some midwives and employing organisations reliant on a temporary exemption that was due to expire on 30 June 2025. In the 2024-25 Budget the government moved to create a permanent fix, and Parliament passed this bill so from 1 July 2025 the Commonwealth could fully back eligible claims for those births under the expanded scheme.
Midwife indemnity scheme begins without homebirth labour cover
The 2010 scheme covered eligible midwives in some settings but excluded out-of-hospital intrapartum careLabour and birth care provided outside a hospital, including at home and in some birth centres., with only a narrow MBSThe list of Medicare items and fees; the bill notes a narrow existing exception linked to one MBS item.-linked exception handled through a separate Commonwealth indemnity.
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment explanatory memorandum ↗Budget commits to a permanent fix for the insurance gap
The government announced the expansion as a 2024-25 Budget measure to provide a lasting solution for homebirth and other out-of-hospital midwifery claims from 1 July 2025.
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment explanatory memorandum ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the Commonwealth to extend indemnity support to eligible out-of-hospital births and Birthing on CountryA model of maternity care for Aboriginal and Torres Strait Islander women that aims to keep birth connected to culture, community and country. services.
Parliamentary timeline ↗Exemption for uninsured homebirths is due to expire
The explanatory memorandum says privately practising midwives had been able to attend homebirths without professional indemnity insuranceInsurance that helps pay compensation and legal costs if a midwife is sued over care they provided. only because of a temporary National LawThe health practitioner law that currently contains the temporary homebirth exemption due to expire on 30 June 2025. exemption ending on this date.
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment explanatory memorandum ↗Expanded Commonwealth-backed cover starts for eligible out-of-hospital births
From this date the amended scheme begins covering 100 per cent of eligible claims for supported out-of-hospital intrapartum careLabour and birth care provided outside a hospital, including at home and in some birth centres., including claims involving eligible employing organisations.
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment explanatory memorandum ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step before a bill becomes law, when the Governor-General signs it., turning the bill into an Act.
Key criticism
No significant public case against the bill is recorded so far, beyond the practical concern that coverage for some out-of-hospital births can still be limited later by government rules. In parliamentary debate, no party represented in the debate opposed the bill, so any criticism appears narrow and mainly about future eligibility settings rather than the bill's core policy.
Main risk is how future rules define which births qualify for cover.
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Ged Kearney strongly supports the bill, saying it expands indemnity coverage for out-of-hospital midwifery, including homebirths and birthing-on-country services, so midwives can practice safely and women have more choice and culturally safe care.
Read in Hansard ↗Haines strongly supports the bill, saying it will extend indemnity cover for eligible midwives providing out-of-hospital intrapartum careLabour and birth care provided outside a hospital, including at home and in some birth centres. and give women greater choice to birth at home or in birthing-on-country settings.
Read in Hansard ↗Steggall supports the bill, saying it closes a gap in indemnity cover for privately practising midwives and improves access, choice and safety for mothers.
Read in Hansard ↗Neumann supports the bill, saying it closes a long-running gap in professional indemnity cover for privately practising midwives and gives women more choice over where and how they give birth.
Read in Hansard ↗All speeches by bloc
3 speakers · 3 support
“I'm pleased to support this legislation. It's the culmination of a lot of work by a lot of advocates—too many to name. I think of the meetings I've had in my office and I think of the four that I've gone to. I want to thank all these advocates for what they've done. Know that this will help women who are fighting for greater choice in control of their bodies.”Read the full speech in Hansard ↗
“The extension of the professional indemnity program for midwives working outside of hospital settings indicates Labor's commitment to women's health and women's choices.”Read the full speech in Hansard ↗
“This bill represents a significant step forward in supporting midwives and improving access to safe and culturally appropriate maternity services for women across Australia. Midwifes are a crucial part of Australia's health system. As a mother, a grandmother and nurse, I've seen their care, professionalism, empathy and the difference they make firsthand. This bill is recognition of that.”Read the full speech in Hansard ↗
1 speaker · 1 support
“The coalition understands that Australian women need to be supported to be able to make choices about how they want to live their lives, and that starts with making sure governments are supporting women with their health. The coalition wants to ensure that women across Australia can access care and that we understand their needs and their experiences. Supporting the health and wellbeing of Australian women and girls is an absolute priority for the coalition, which is why we will be supporting this legislation.”Read the full speech in Hansard ↗
2 speakers · 2 support
“This is important. This bill will provide a framework which will allow the government to pay 100 per cent of eligible claims for relevant intrapartum services provided outside of a hospital. This aims to ensure professional indemnity insurance coverage for eligible midwives providing home birth services, eligible midwives providing intrapartum care outside of a hospital and eligible entities employing or engaging eligible midwives to provide intrapartum care outside of a hospital, including birth centres, as part of Birthing on Country models of care. These are fantastic models of care that are women centred, parent focused, baby friendly and evidence based.”Read the full speech in Hansard ↗
“This bill represents an important step forward, addressing critical gaps in care and providing necessary support to the vital work of midwives, who are essential to achieving better outcomes for both mothers and babies. The current scheme provides indemnity coverage for antenatal and postnatal care, but excludes intrapartum services provided by privately practising midwives outside of a hospital setting. This bill closes that gap, ensuring that government will cover 100 per cent of eligible claims for these services, no matter where the birth takes place. This change is a win for midwives and mothers alike, enhancing the safety and accessibility of birthing options across the country.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step before a bill becomes law, when the Governor-General signs it., turning the bill into an Act.
