Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 2/2008)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L03091 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

ISSUED BY THE AUTHORITY OF

THE MINISTER FOR HEALTH AND AGEING

HEALTH INSURANCE ACT 1973

DECLARATION OF QUALITY ASSURANCE ACTIVITIES UNDER SECTION 124X

QAA No.  2/2008

 

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, for example, through Medicare benefits, the Pharmaceutical Benefits Scheme, Public Hospitals 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. 

In order for Part VC to apply to an activity, the Minister must make a Declaration pursuant to Section 124X of the Act, that the activity described in the Declaration is a quality assurance activity to which Part VC applies.  Regulations 23C to 23G of the Health Insurance Regulations 1975 set out the public interest criteria that must be met by quality assurance activities in order to be declared under the section 124X.

 

The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  This Declaration has effect from the day after registration on the Federal Register of Legislative Instruments.  Section 124X(4) of the Act proscribes that, unless sooner revoked, this determination ceases to be in force at the end of 5 years after the instrument of declaration was signed. 

 

This Declaration under subsection 124X(1) applies Part VC of the Act to the following activities:

 

  • The Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG) for Colposcopy Quality Framework (Item 1);     
  • Australasian Cardiac Surgery Research Institution Ltd (ACSRIL) for the Australasian Society of Cardiac and Thoracic Surgeons’ Database Program (ASCTS) (Item 2);
  • Avant Mutual Group Limited for the Avant Fetal Ultrasound Clinical Risk Modification Framework (Item 3);
  • St Andrew’s Medical Institute for the SAMI-Net Mitral Valve Repair Data Registry (Item 4); and
  • St Andrew’s Medical Institute for the SAMI-Net Cardiac Surgery Data Registry (Item 5).     

 

An overview of the activities for which the Declaration pursuant to s124X is made is contained in Attachment A.

 


CONSULTATION

 

Consultations regarding the application for declaration were undertaken from October 2007 to May 2008.  This included obtaining advice on 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, in particular those criteria relating to whether it is in the public interest to declare the Activity.

 

Those consulted included:

 

  • Independent external referees nominated by the applicant;
  • Members of the Qualified Privilege Advisory Group, which includes a clinician, members with expertise in health law, health care quality and ethics, and a consumer representative; and
  • Sections of the Department of Health and Ageing including, Primary and Ambulatory Care Division, Acute Care Division and the Primary Care Division.

 

The Declaration of these activities will not result in any direct or substantial indirect effect on business.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT A

OVERVIEW OF THE ACTIVITIES

Item 1 – Colposcopy Quality Framework

This activity involves an assessment or evaluation of the quality of health services; a study of the incidence or causes of conditions or circumstances that mat affect the quality of health services; and the making of recommendations about the provision of health services as a result of an assessment, evaluation or study.  This Activity relates to health services funded through Medicare Benefits and Public Hospital funding arrangements.

The purpose of this Activity is to investigate the correlation between Colposcopy assessment and biopsy and to examine how practitioners can provide best service practices to the patient whilst undertaking colposcopy.  This will be achieved by implementing an audit framework for rural and remote specialists to address issues arising from geographic isolation.  Participating gynaecologists will invite their referring pathologist to participate in this audit project.

Item 2 – Australian Society of Cardiac and Thoracic Surgeons’ Database Program (ASCTS)

This Activity involves and assessment or evaluation of the quality of healthcare services and the making of recommendations about the provision of health services as a result of an assessment, evaluation or study.  This Activity relates to health services funded through Medicare Benefits and Public Hospital funding arrangements.

The purpose of the Activity is to expand the Australasian Society of Cardiac and Thoracic Surgeons’ Cardiac Surgery Database program to eventually include all public and private hospital units.  The Australasian Cardiac Surgery Research Institution Ltd (ACSRIL) have establised a a standardised database and definitions for clinical information on adult cardiac surgical patients.  The activity includes the analysis of the collected data to statistically evaluate the adequacy of performance of participating hospital units and individual surgeons.  The data set and definitions are reviewed bi-ennially in order to allow integration with other evolving databases.

Item 3 – Avant Fetal Ultrasound Clinical Risk Modification Framework

This activity involves the study of the incidence or causes of conditions or circumstances that may affect the quality of health services.  This Activity relates to health services funded through Medicare Benefits and Public Hospital funding arrangements.

The purpose of the Framework is to assist ultrasonology practices to better manage the many inherent risks of antenatal fetal ultrasound.  It consists of implementing a series of guidelines to be considered by each practice and adapted as logistics allow.  This is a national audit and feedback program that aims to improve patient diagnostic outcomes following antenatal ultrasound procedures, to support practitioners and practice managers in managing clinical risk; and to provide useful feedback about participants’ practice patterns and outcomes compared with aggregate data collected from peers.

Item 4 – SAMI-Net Mitral Valve Repair Data Registry

This activity involves an assessment or evaluation of the quality of health services; a study of the incidence or causes of conditions or circumstances that mat affect the quality of health services; the making of recommendations about the provision of health services as a result of an assessment, evaluation or study; and the monitoring of the implementation of a recommendation about the provision of health services.  This Activity relates to health services funded through Medicare Benefits; Public Hospital funding arrangements; and Health Program Grants.

The purpose of this Activity is to evaluate immediate, post operative and long term outcomes after mitral valve repair surgery through a focused audit.  The St Andrew’s Medical Institute SAMI-Net Mitral Valve Repair Data Registry also serves the function of enabling the monitoring / sequential monitoring of trends in patient profile, technique, prosthetic device and intraoperative medication utilisation and success.

Item 5 – SAMI-Net Cardiac Surgery Data Registry

This activity involves an assessment or evaluation of the quality of health services; a study of the incidence or causes of conditions or circumstances that mat affect the quality of health services; the making of recommendations about the provision of health services as a result of an assessment, evaluation or study; and the monitoring of the implementation of a recommendation about the provision of health services.  This Activity relates to health services funded through Medicare Benefits; Public Hospital funding arrangements; Health Program Grants; and the Pharmaceutical Benefits Scheme.

The purpose of this Activity is to evaluate immediate and post operative outcomes after cardiac surgery.  The Registry also serves the function of enabling the monitoring / sequential monitoring of trends in patient profile, technique, prosthetic device and intraoperative medication utilisation and success.

 

 

Overview

The Health Insurance Act 1973, enacted by the Parliament of Australia, introduced a scheme under Part VC to encourage efficient quality assurance activities in health services funded by the government. This scheme aims to ensure the quality of health services by protecting certain information from disclosure and providing some protection from civil liability to those engaged in these activities in good faith. The policy objective is to promote better health outcomes through quality assurance activities by fostering participation in such activities. To implement this scheme, the Minister for Health and Ageing must make a Declaration under Section 124X of the Act, identifying specific activities that qualify as quality assurance activities. The Declaration of Quality Assurance Activities No. 2/2008 includes five activities that meet the public interest criteria outlined in the Health Insurance Regulations 1975, and it provides protection under Part VC for these activities. This legislative instrument is registered on the Federal Register of Legislative Instruments and will cease to be in force five years after the instrument of declaration was signed unless revoked sooner.

Scope and Application

The Health Insurance Act 1973, specifically under Part VC, establishes a scheme to support quality assurance activities in the health sector, which includes assessing and recommending improvements in health services funded by the government through mechanisms such as Medicare, Public Hospitals, and Health Program Grants. This Act applies to entities engaged in these quality assurance activities, which must meet certain public interest criteria outlined in the Health Insurance Regulations 1975. The Declaration of Quality Assurance Activities under Section 124X of the Act, specifically QAA No. 2/2008, identifies particular activities that are covered by this scheme, including the Colposcopy Quality Framework by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists, the Australasian Society of Cardiac and Thoracic Surgeons’ Database Program by the Australasian Cardiac Surgery Research Institution Ltd, the Avant Fetal Ultrasound Clinical Risk Modification Framework by Avant Mutual Group Limited, and the SAMI-Net Mitral Valve Repair Data Registry and SAMI-Net Cardiac Surgery Data Registry by St Andrew’s Medical Institute. This Declaration applies nationally and provides protections from disclosure and civil liability for those participating in the specified activities in good faith. The declaration is effective from the day after its registration on the Federal Register of Legislative Instruments and will remain in force for five years unless revoked earlier. The application of this Declaration does not have a direct or substantial indirect effect on business.

Key Provisions

The primary sections of the legislation under discussion, F2008L03091, pertain to the Health Insurance Act 1973 (the Act), specifically Part VC. Section 124X of the Act is instrumental in declaring quality assurance activities, which are activities designed to ensure the quality of health services funded by the government, such as through Medicare benefits and other schemes. The Declaration, which was issued under Section 124X, applies Part VC of the Act to specific activities undertaken by various institutions. These activities include the Colposcopy Quality Framework by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG), the Australasian Society of Cardiac and Thoracic Surgeons’ Database Program by the Australasian Cardiac Surgery Research Institution Ltd (ACSRIL), the Avant Fetal Ultrasound Clinical Risk Modification Framework by Avant Mutual Group Limited, and the SAMI-Net Mitral Valve Repair Data Registry and SAMI-Net Cardiac Surgery Data Registry by St Andrew’s Medical Institute. The obligations and requirements imposed by the Act on the parties involved are multifaceted. Firstly, these quality assurance activities must meet the public interest criteria as outlined in the Health Insurance Regulations 1975. This includes conducting assessments or evaluations of the quality of health services, studying the incidence or causes of conditions that may affect health service quality, and making recommendations based on such evaluations. The Act also provides protection from civil liability to certain persons engaged in these activities in good faith, provided they are conducted within the scope of the declared activities. Furthermore, the Act ensures that certain information related to these quality assurance activities is protected from disclosure, thereby fostering an environment where such activities can be conducted without undue fear of legal repercussions. The Act also delineates the consequences for non-compliance with its provisions. While the Explanatory Statement does not specify detailed offences or penalties, it is understood that breaches of the Act’s provisions could lead to legal actions. The potential for civil liability, particularly if the activities are not conducted in good faith, could result in significant legal consequences for the entities involved. Additionally, any failure to adhere to the public interest criteria or misuse of protected information could attract regulatory scrutiny and possible revocation of the declaration, thereby ceasing the protections afforded under Part VC of the Act. The overarching consequence of non-compliance is the undermining of the Act's objective to ensure high-quality health services through protected quality assurance activities.

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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.