Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 11/2016

Administered by Department of Health, Disability and Ageing

Legislation au F2016L01591 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

ISSUED BY THE AUTHORITY OF THE MINISTER FOR HEALTH

HEALTH INSURANCE ACT 1973

DECLARATION OF QUALITY ASSURANCE ACTIVITY UNDER SECTION 124X OF THE HEALTH INSURANCE ACT 1973 - QAA 11/2016

 

Part VC of the Health Insurance Act 1973 (the Act) creates a scheme to encourage efficient quality assurance activities.  Those activities help to ensure the quality of health services that are funded by the Government including, through Medicare benefits, the Pharmaceutical Benefits Scheme, and/or Health Program Grants.  The scheme encourages participation in such activities by protecting certain information from disclosure, and also by providing some protection from civil liability to certain persons engaged in those activities in good faith, in respect of those activities. 

For Part VC to apply to an activity, the Minister must make a declaration pursuant to section 124X of the Act, that the activity is a quality assurance activity to which Part VC applies. 

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 - QAA 11/2016 (the Declaration) has effect from the day after registration on the Federal Register of Legislation. 

 

The Declaration applies Part VC of the Act to the following activity, to the extent it relates to health services provided in Australia:

 

  1. Royal Australasian College of Physicians (RACP): Professional Qualities Reflection (PQR) of the Royal Australasian College of Physicians

 

An overview of the activity is contained in Attachment A.

Before making a declaration under section 124X, the Minister must be satisfied that the persons engaging in the activity are authorised to do so in one of the ways set out in paragraph 124X(3)(a) of the Act.  The persons engaged in the PQR are authorised to do so by the RACP, which is an association of health professionals and an educational institution (see subparagraphs 124X(3)(a)(vi) and (iv)).

Secondly, paragraph 124X (3)(b) of the Act provides that the Minister must be satisfied that it is in the public interest that Part VC of the Act apply to the activity. In doing so, the Minister must have regard to criteria prescribed by regulations 23C to 23G of the Health Insurance Regulations 1975 (the Regulations).

The activity meets the criteria as follows:

  • As required by regulation 23C, the activity includes the disclosure of
    non-identifying information concerning the quality of service assessed, evaluated or studied. The RACP will publish statistical information in the RACP Annual Report.
  • Regulation 23D does not apply as the activity will be undertaken in more than one State or Territory.
  • Regulation 23E does not apply as the activity has previously been engaged in in Australia.

  • Regulation 23F applies as the activity has previously been carried out in Australia. The Minister’s declaration will encourage greater participation in the activity by persons who provide health services by providing participants with a greater degree of confidence and security that their participation is solely to the benefit of establishing and improving quality assurance.
  • Regulation 23G does not apply as the activity will not include the assessment or evaluation by a person of the services, skill or performance of a health practitioner for the purpose of determining the health care practitioner’s clinical practising rights.

 

CONSULTATION

The PQR was previously declared to be a quality assurance activity under section 124X of the Act (see Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 (QAA 2/2011)). The RACP has applied to continue the declaration of their activity as a quality assurance activity to which Part VC applies.

 

Assessment of the application included the potential value of declaring the activity as a quality assurance activity for the purposes of the Act, the methodology used to conduct the activity, and whether the application met the criteria required for declaration as set out in the Regulations. An application to have an activity declared under section 124X of the Act requires the applicant to provide details of two independent referees; typically members of the medical profession.

 

The RACP was consulted in relation to the final design and content of the declaration. Wider consultation was not considered necessary as the quality assurance activity relates only to the RACP’s Professional Qualities Reflection of the RACP program. The new declaration replaces the existing declaration that had expired and did not substantially change existing arrangements. The declaration of this activity will not result in any direct or substantial indirect effect on business.

 

The Declaration comes into operation on the day after registration on the Federal Register of Legislation. Subsection 124X(4) of the Act provides that, unless revoked sooner, a declaration ceases to be in force at the end of 5 years after it was signed.  Accordingly, the Declaration provides that it is repealed at the end of 5 years after it is signed.

 

The Declaration is a legislative instrument for the purposes of the Legislation Act 2003.

 

ATTACHMENT A

OVERVIEW OF THE ACTIVITY

  1.                PURPOSE OF ACTIVITY

The Professional Qualities Reflection (PQR) is designed specifically for Royal Australasian College of Physicians (RACP) trainees.  The purpose of the activity is for trainees to record the development of ideas and insights that may impact on their medical professionalism through the process of reflection.  It allows trainees to revisit an experience and extract learning principles through the process of guided critical reflection (review, evaluation, and discussion).  The learning outcomes of the reflective process will be used to enhance future practice.

Data is collected through trainee physicians identifying a medically and professionally significant event, or series of events, and completing guided analysis. Trainees then meet with their professional development advisor (who may or may not be a fellow of the RACP) who provides feedback. The reflection is recorded in the trainee’s learning portfolio.

The PQR is operated and managed by the RACP. Participating in reflective activities is a requirement of the RACP Training Program. 

The objectives of the activity are to:

  • promote self-reflection and insight into the way trainees learn in order to improve and plan future learning, encourage clincal practice changes and improve patient care;
  • encourage trainees to critically analyse their activities and actions, and investigate options for professional and medical management; and
  • allow trainees to appraise situations and events, draw conclusions and, in due course, make decisions for the future medical and professional management of similar events and situations. 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 - QAA 11/2016

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 – QAA 11/2016 (the Declaration) declares the Professional Qualities Reflection (PQR) to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 (the Act) applies. Information known solely as the result of the PQR, or documents created solely for the purposes of the PQR, will be covered by qualified privilege.

Human rights implications

This Declaration engages the right to health as set out in Article 12 of the International Covenant on Economic, Social and Cultural Right by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The Qualified Privilege Scheme established by Part VC of the Act encourages participation in quality assurance activities that help ensure the highest possible health care standards are maintained. The quality assurance activity described in this Declaration will provide participants with a greater degree of confidence and security that their participation is solely for the benefit of establishing and improving outcomes of community health care.

Conclusion

This Declaration is compatible with human rights as it promotes the right to health.

 

Overview

The Health Insurance Act 1973, enacted by the Parliament of Australia, addresses the need for quality assurance activities in the health sector to ensure the provision of high-quality health services funded by the government, including Medicare benefits, the Pharmaceutical Benefits Scheme, and Health Program Grants. The Act establishes a scheme under Part VC that encourages participation in quality assurance activities by protecting certain information from disclosure and providing some protection from civil liability to those engaged in such activities in good faith. The Minister for Health must make a declaration under section 124X for Part VC to apply to a particular activity, ensuring it meets specified criteria. The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 - QAA 11/2016 applies this scheme to the Royal Australasian College of Physicians' (RACP) Professional Qualities Reflection (PQR), an activity designed to enhance the medical professionalism of trainees through reflective practice. The Minister’s satisfaction that the activity is in the public interest and meets the criteria set out in the Health Insurance Regulations 1975 ensures that the declaration supports the overarching policy objective of improving health care standards and outcomes.

Scope and Application

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 - QAA 11/2016 applies to the Professional Qualities Reflection (PQR) activity conducted by the Royal Australasian College of Physicians (RACP) for its trainees. The purpose of the PQR is to encourage reflection among trainees on significant medical and professional events to promote self-reflection, critical analysis, and future practice improvements. This declaration ensures that the activity is considered a quality assurance activity under Part VC of the Health Insurance Act 1973, which provides certain protections and benefits for participating entities and individuals. The Minister for Health made the declaration on the basis that the PQR meets the criteria outlined in the Health Insurance Regulations 1975, including the disclosure of non-identifying information and the exclusion of activities that involve assessing health practitioners' clinical practising rights. The declaration applies across Australia and is effective from the day after its registration on the Federal Register of Legislation, lasting for up to five years unless revoked sooner. The legislation ensures that information and documents created during the PQR are covered by qualified privilege, fostering greater participation in quality assurance activities aimed at improving healthcare outcomes.

Key Provisions

The main operative sections of the Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 - QAA 11/2016 (the Declaration) declare the Professional Qualities Reflection (PQR) to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 applies. This means that information known solely as the result of the PQR, or documents created solely for the purposes of the PQR, will be covered by qualified privilege (section 124X(1)). The Declaration comes into effect on the day after it is registered on the Federal Register of Legislation (section 124X(4)) and, unless revoked sooner, it will cease to be in force at the end of five years from the date it is signed (section 124X(4)). The obligations imposed on the parties governed by this Act include the requirement that the Minister for Health must be satisfied that the persons engaging in the quality assurance activity are authorised to do so and that it is in the public interest for Part VC of the Act to apply to the activity. The Minister must also consider criteria prescribed by regulations 23C to 23G of the Health Insurance Regulations 1975 (subsection 124X(3)(b)). The Royal Australasian College of Physicians (RACP) must ensure that the activity is undertaken in accordance with the provisions of the Act and Regulations. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Declaration for breach of the Act. However, any breach of the qualified privilege protection provided by Part VC of the Act could result in civil or criminal consequences, such as fines or imprisonment, depending on the nature and severity of the breach. The maximum penalties for breach of the qualified privilege protection are not specified in the Declaration but would be determined by the relevant legislation and courts. In summary, the Declaration declares the PQR to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 applies, providing qualified privilege protection for information known solely as a result of the activity. The Minister for Health must be satisfied that the persons engaging in the activity are authorised and that it is in the public interest for the Act to apply. The RACP must ensure that the activity is undertaken in accordance with the provisions of the Act and Regulations. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Declaration for breach of the Act, but any breach of the qualified privilege protection could result in civil or criminal consequences.

Legal classification tags

Area of Law
Health Law
Medical Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Protection from Liability
Confidentiality

Interactions

Authorises

All Versions

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.