Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017

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Legislation au F2017L00491 Not in force Legislative Instrument

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Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017

made under section 124X of the

Health Insurance Act 1973

Compilation No. 1

Compilation date: 25 June 2021

Includes amendments up to: F2021L00815

Registered: 30 June 2021

About this compilation

This compilation

This is a compilation of the Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017 that shows the text of the law as amended and in force on 25 June 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

 

 

PART 1 PRELIMINARY 1

 

1. Name of Declaration 1

3. Cessation 1

4. Authority 1

6. Declaration of quality assurance activity 1

 

 

Schedule 1  2

 

ENDNOTES  4

Endnote 1 4

Endnote 2 5

Endnote 3 6

Endnote 4 7

 

Part 1 Preliminary

 

1. Name of Declaration

 

This Declaration is the Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017.

 

3. Cessation

 

This Declaration will cease to be in force as if repealed at the end of 5 years after the Declaration is signed.

 

4. Authority

 

This Declaration is made under section 124X of the Health Insurance Act 1973.

 

6. Declaration of quality assurance activity

 

A quality assurance activity described in Schedule 1 to this Instrument is declared to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 applies.

 

 

Schedule 1

 

Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017

 

 

1 Title

 

 Australian and New Zealand Audit of Surgical Mortality (ANZASM)

Description:

 

The ANZASM comprises a group of regionally based surgical mortality audits, being the:

(a) Australian Capital Territory Audit of Surgical Mortality;

(b) Northern Territory Audit of Surgical Mortality;

(c) Queensland Audit of Surgical Mortality;

(d) South Australian Audit of Surgical Mortality;

(e) Tasmanian Audit of Surgical Mortality;

(f) Victorian Audit of Surgical Mortality (VASM);

(g) Western Australian Audit of Surgical Mortality; and

(h) New South Wales’ (NSW) Collaborative Hospitals Audit of Surgical Mortality.

 

The VASM includes the participation of the Victorian Perioperative Consultative Council (VPCC) as established under the Public Health and Wellbeing Act 2008 (Vic) and Public Health and Wellbeing Regulations 2019 (Vic). The VASM may share documents and information related to individual mortality cases which the VASM considers requires multidisciplinary review, and anaesthetic-related mortality cases with the VPCC. The means by which documents and information is shared between the VASM and VPCC is determined and revised by these bodies as required.

 

The VPCC may make recommendations in respect of those documents and information, and monitor the implementation of those recommendations in accordance with its functions under Division 2 of Part 4 of the Public Health and Wellbeing Act 2008 (Vic).

 

The ANZASM is managed by the Royal Australasian College of Surgeons (RACS). Each of the regionally based audits is under the governance of the ANZASM, with the exception of the Collaborative Hospitals Audit of Surgical Mortality which is managed by the NSW Clinical Excellence Commission and co-governed in collaboration with RACS.

 

The ANZASM provides a self-reporting and hospital or health system based notification of death system for surgeons, anaesthetists and radiologists, relating to patient deaths occurring in a hospital where:

(a) the patient was under the care of a surgeon (surgical admissions), whether or not an operation was performed; or

(b) the patient was under the care of a physician (medical and non-surgical admission) and there was surgical intervention.

 

The ANZASM includes, but is not limited to:

(a) notification of death by surgeon, radiologist or anaesthetist, hospital or health system;

(b) completion and review of relevant case form;

(c) report to reporting surgeon, anaesthetist or radiologist by assessing surgeon;

(d) public reporting on aggregated data;

(e) strategic and national review by the ANZASM Steering Committee; and

(f) the making of recommendations and monitoring of the implementation of those recommendations (including by the VPCC in respect of the ANZASM in accordance with its functions under Division 2 of Part 4 of the Public Health and Wellbeing Act 2008 (Vic)).

 

 

ANZASM is a mandatory component of the RACS Continuing Professional Development Scheme.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017

1 May 2017 (F2017L00491)

2 May 2017 (s 2)

 

Health Insurance (Quality Assurance Activity – Australian and New Zealand Audits of Surgical Mortality) Amendment Declaration 2021

24 June 2021 (F2021L00815)

25 June 2021 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 5.....................

rep LA s 48C

Schedule 1

 

Schedule 1................

am F2021L00815

Schedule 2................

rep LA s 48C

 

 

Overview

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017 was enacted to address the need for a comprehensive quality assurance mechanism within the health insurance sector. This legislative instrument, established under the authority of the Health Insurance Act 1973, aims to enhance the quality of healthcare services by implementing specific quality assurance activities, such as the Australian and New Zealand Audit of Surgical Mortality (ANZASM). This audit comprises several regional audits managed by the Royal Australasian College of Surgeons (RACS) and the New South Wales Clinical Excellence Commission, focusing on the notification, review, and reporting of patient deaths in surgical and medical contexts. The primary policy objective is to ensure that healthcare providers maintain high standards of care through continuous monitoring and feedback mechanisms, ultimately contributing to improved patient outcomes and safety. The Declaration was signed on 1 May 2017 and will cease to be in force after five years unless otherwise repealed.

Scope and Application

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017 pertains to the Australian and New Zealand Audit of Surgical Mortality (ANZASM), which encompasses a series of regionally based surgical mortality audits. This legislation applies to surgeons, anaesthetists, radiologists, and relevant hospitals or health systems in Australia. The ANZASM is a mandatory component of the Royal Australasian College of Surgeons (RACS) Continuing Professional Development Scheme, focusing on the notification, review, and reporting of patient deaths occurring in hospitals. The activity also includes strategic and national reviews by the ANZASM Steering Committee and the monitoring of recommendations made by bodies such as the Victorian Perioperative Consultative Council (VPCC). This Declaration ensures that the ANZASM is recognised as a quality assurance activity under Part VC of the Health Insurance Act 1973, thereby applying specific legislative provisions to these audits. The geographic reach of this Act extends across multiple states and territories in Australia, and while it is predominantly focused on surgical mortality, it also covers cases where surgical intervention occurs in non-surgical admissions. The Declaration ceases to be in force five years after its signing, as per its cessation provision. The ANZASM, managed by the RACS with regional audits under its governance, facilitates the self-reporting system for professionals involved in patient care. The VASM, a part of the ANZASM, collaborates with the VPCC in reviewing and making recommendations on mortality cases. The scope of the ANZASM includes the notification of deaths, completion and review of case forms, reporting to relevant professionals, and public reporting on aggregated data. This legislative instrument ensures that the ANZASM operates within a defined legal framework, promoting quality assurance in surgical mortality reviews across Australia.

Key Provisions

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 1/2017 (the Declaration) primarily concerns the Australian and New Zealand Audit of Surgical Mortality (ANZASM) (section 6). The ANZASM is a quality assurance activity under Part VC of the Health Insurance Act 1973, involving a group of regionally based surgical mortality audits across Australia and New South Wales. These audits include the Australian Capital Territory Audit of Surgical Mortality, Northern Territory Audit of Surgical Mortality, Queensland Audit of Surgical Mortality, South Australian Audit of Surgical Mortality, Tasmanian Audit of Surgical Mortality, Victorian Audit of Surgical Mortality, Western Australian Audit of Surgical Mortality, and the New South Wales Collaborative Hospitals Audit of Surgical Mortality. The ANZASM is managed by the Royal Australasian College of Surgeons (RACS), except for the Collaborative Hospitals Audit of Surgical Mortality, which is managed by the NSW Clinical Excellence Commission in collaboration with RACS. The ANZASM is a mandatory component of the RACS Continuing Professional Development Scheme. It facilitates a self-reporting system for surgeons, anaesthetists, and radiologists regarding patient deaths in hospitals where patients were under surgical care or where surgical intervention occurred during a medical admission. The ANZASM includes notification of death by relevant healthcare professionals or hospitals, completion and review of case forms, reports to reporting professionals, public reporting on aggregated data, strategic and national reviews by the ANZASM Steering Committee, and the making and monitoring of recommendations, including by the Victorian Perioperative Consultative Council in respect of the ANZASM. The Declaration imposes specific obligations on the ANZASM and the entities involved in its operations. These entities must ensure the ANZASM functions as a self-reporting system for surgical mortality, including the timely and accurate notification of patient deaths, completion of relevant case forms, and the strategic review and recommendation-making process. Additionally, the ANZASM Steering Committee and participating councils are required to manage and oversee these activities to maintain the quality and integrity of the audit process. Breach of the obligations under the Declaration can lead to various consequences. While specific offences and penalties are not detailed within the text, breaches of the Health Insurance Act 1973 or associated regulations could result in civil or criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with quality assurance activities in the healthcare sector. The precise penalties would depend on the nature and severity of the breach, as well as any applicable regulations or further legislative provisions.

Legal classification tags

Area of Law
Health Law
Instrument
Legislative Instrument
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.