Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA 3/2012)

Administered by Department of Health, Disability and Ageing

Legislation au F2012L01922 Not in force Legislative Instrument

Legislation content

Instrument No QAA 3/2012

Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973

as amended

Compilation start date:  3 June 2014

Includes amendments up to: Amendment Declaration of Quality Assurance Activities under section 124X of the Health Insurance Act 1973QAA 1/2014

 

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 3/2012 as in force on 3 June 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 11 September 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

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

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

 

 

I, PROFESSOR CHRISTOPHER BAGGOLEY, Chief Medical Officer of The Department of Health and Ageing, make this instrument under section 124X of the Health Insurance Act 1973 (the Act).

 

  1. DECLARE the Activity described in Schedule 1 to this declaration (the Activity) to be a quality assurance activity to which Part VC of the Act applies being satisfied in relation to the Activity that:

(i)            the organisations engaging in the Activity is authorised to do so by associations of health professionals or research bodies; and

(ii)          it is in the public interest that Part VC of the Act applies to the Activity having regard to the criteria prescribed in regulations 23C to 23G (inclusive) of the Health Insurance Regulations 1975.

 


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 also known as QAA 3/2012.

2                    Commencement

This Declaration commences the day after registration on the Federal Register of Legislative Instruments.

3                    Cessation

As Section 124X (4) of the Act prescribes, this Declaration ceases to have effect as if repealed, five years after the commencement date, unless earlier revoked.


Part 2  Schedule 1  

QAA3/2012 – Declared Quality Assurance Activity

 

 

[1] The Emergency Medicine Events Register (EMER) by the Australian Patient Safety Patient Foundation (APSF).

 

 Description:

 

The Emergency Medicine Events Register (EMER) project is an online incident reporting database utilised by emergency medicine physicians to record adverse events that occur during their practice. The project provides a website (www.emer.org.au) as its incident reporting portal. Users can anonymously enter data pertaining to a near miss or adverse event in emergency medicine using the website. The data collected is stored on a ‘MySQL database’, which is hosted securely. The collected data are analysed utilising the APSF’s 25 years’ expertise in patient safety data analysis, incorporating its understanding of healthcare human factors, the aetiology of error and iatrogenic harm to patients, and relevant patient safety classifications (including the patient safety classification embedded in the Advanced Incident Management System and the World Health Organisation’s International Classification for Patient Safety). The results are fed back to the emergency medicine profession via the Australasian College of Emergency Medicine (ACEM). ACEM utilises these results to implement quality improvements in emergency medicine practice.  APSF aggregates data for inclusion in numerous scientific peer reviewed publications, at safety and quality related conferences and for other research projects. The system improvements in emergency medicine practice resulting from the EMER project are beneficial to the public to ensure consumers continue to receive the highest quality of care from emergency physicians.

 

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = legislative instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

 

 /sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Declaration of Quality Assurance Activity under section 124X ─ QAA 3/2012

25 September 2012 (F2012L01922)

26 September 2012

 

Amendment Declaration of Quality Assurance Activities under section 124X of the Health Insurance Act 1973─ QAA 1/2014

2 June 2014 (F2014L00640)

3 June 2014

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Pt 2, Sch 1

 

Item [1]..................

am F2014L00640

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

Overview

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973 (F2012L01922), also known as QAA 3/2012, was enacted to address the need for quality assurance in the healthcare sector by providing a framework for recognising specific quality assurance activities. This legislative instrument was made by the Chief Medical Officer of The Department of Health and Ageing under section 124X of the Health Insurance Act 1973, aiming to ensure that certain quality assurance activities are carried out in the public interest. The declaration specifically recognises the Emergency Medicine Events Register (EMER) by the Australian Patient Safety Foundation as a quality assurance activity, facilitating the reporting and analysis of adverse events in emergency medicine to improve patient safety and healthcare quality. This legislative instrument was registered on the Federal Register of Legislative Instruments on 25 September 2012 and commenced on 26 September 2012. It is set to cease five years after its commencement unless revoked earlier.

Scope and Application

The Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973, known as QAA 3/2012, applies specifically to the Emergency Medicine Events Register (EMER) project operated by the Australian Patient Safety Foundation (APSF). This Act aims to ensure that certain quality assurance activities are subject to Part VC of the Health Insurance Act 1973, provided they meet specific criteria including authorisation by associations of health professionals or research bodies, and being in the public interest. The scope of this legislation is geographically broad, applying across the Commonwealth of Australia, as it is a federal instrument. The Act identifies particular activities that fall under its purview, excluding others not meeting the specified criteria. Additionally, the application of the Act may be further refined or extended through subordinate instruments such as regulations, although the current declaration does not explicitly mention such extensions or restrictions. The Act commenced on the day following its registration on the Federal Register of Legislative Instruments and will cease to have effect five years after its commencement unless revoked earlier.

Key Provisions

The main operative sections of the Declaration of Quality Assurance Activity under section 124X of the Health Insurance Act 1973, also known as QAA 3/2012, declare the Emergency Medicine Events Register (EMER) by the Australian Patient Safety Foundation (APSF) as a quality assurance activity. This declaration requires the EMER to be recognised under Part VC of the Health Insurance Act 1973, subject to specific criteria being met. Section 1 of Part 1 specifies the name of the declaration and Section 2 details its commencement, which occurs the day after registration on the Federal Register of Legislative Instruments. Section 3 outlines that the declaration will cease to have effect five years after commencement unless earlier revoked. The obligations and requirements imposed by the Act on the parties involved include the necessity for the organisations engaging in the EMER activity to be authorised by associations of health professionals or research bodies. Additionally, the activity must be in the public interest, aligning with the criteria prescribed in regulations 23C to 23G of the Health Insurance Regulations 1975. The EMER project, as described in Schedule 1, operates as an online incident reporting database for emergency medicine physicians, allowing them to record adverse events anonymously. The collected data is stored securely and analysed to provide feedback and implement quality improvements in emergency medicine practice. Regarding offences, penalties, or consequences for breach, the Act does not explicitly outline specific criminal or civil penalties for non-compliance with the quality assurance activity requirements. However, any failure to adhere to the declared activity's criteria could potentially lead to revocation of the declaration, thereby ceasing the recognised status of the EMER project under Part VC of the Health Insurance Act 1973. This cessation could impact the continuous operation and recognition of the EMER project, ultimately affecting the quality assurance processes in emergency medicine practice.

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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.