Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2)

Administered by Department of Health, Disability and Ageing

Legislation au F2018L00227 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

ISSUED BY THE AUTHORITY OF THE MINISTER FOR HEALTH

HEALTH INSURANCE ACT 1973

Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2)

Part VC of the Health Insurance Act 1973 (the Act) creates a scheme to encourage efficient quality assurance activities in connection with the provision of health services.  Those activities help to ensure the quality of health services funded by the Government, including through Medicare benefits, the Pharmaceutical Benefits Scheme, and 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. 

Subsection 124X(1) of the Act provides that the Minister may, by legislative instrument, declare a quality assurance activity described in the declaration to be a quality assurance activity to which Part VC applies. 

The purpose of the Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2) (the Declaration) is to declare the Tonsil, Grommet and Nasal Septum Surgery Registry (TGNSR) to be a quality assurance activity to which Part VC of the Act applies. The activity is undertaken by the Australian Society of Otolaryngology Head and Neck Surgery Limited (ASOHNS). ASOHNS is the representative organisation for Ear, Nose and Throat Head and Neck surgeons in Australia.

The objectives of the activity are to provide information on current surgical techniques to provide knowledge related to the complications and successes of surgery, including patient outcomes.

The TGNSR is a web-based system that collects data and patient outcomes on three surgical operations: tonsillectomy, middle ear ventilation tube insertion (grommets) and nasal septum surgery. Questionnaires are used to collect and collate potentially sensitive pre-operative data from surgeons, and post-operative data from surgeons and patients.

Prior to any information being collected, patients are asked by their surgeon for their consent to participate in the activity and are advised their data will be recorded in the registry and de-identified to be used for quality assurance purposes. If the patient consents, the surgeon accesses the web-based platform (using a unique login and password) to enter pre-operative data about the patient into the register and the patient’s consent is recorded.

After the operation, the surgeon sends the patient a post-operative questionnaire. The patient accesses this using a unique login and password, supplied by their surgeon. In the questionnaire patients can advise whether their symptoms have improved since the operation, or whether there were post-operative complications such as bleeding, re-admission to hospital or if they needed additional pain relief.

Using the web-based platform, the surgeon also responds to questionnaires relevant to the procedure for that patient. The surgeon can also review their own cases and assess their results through the outcomes reported by patients following surgery.

The information collected is securely stored in a database hosted in a secure Microsoft Azure environment.  Microsoft Azure is a “Platform as a Service” cloudbased model that is certified by the Australian Signals Directorate. It enables ASOHNS to use web applications and proprietary software specifically designed to securely host data collected by the Activity.

Further, only system administrators employed by ASOHNS will have access to information about individual surgeons and patients relating to the information provided through the activity. Any data collected for the purpose of undertaking this quality assurance activity will be held only while the Declaration is in force, and thereafter destroyed.

The activity includes analysis of outcome data to be undertaken by a Data Sub-Committee of ASOHNS. The Committee is comprised of otolaryngology head and neck surgeons with the necessary medical knowledge to make informed assessments of the data collected, as well as one member with expertise in statistics in statistics and data analysis. To access the data for analysis, the Data Sub-Committee must request a report of the data within specific parameters, such as data related to certain medical procedures or data fields. The system administrator then accesses the database using a secure login and extracts the data into a report according to the request. As part of this process any information that may identify, expressly or by implication a particular individual, or particular individuals is removed prior to analysis.

ASOHNS publishes the de-identified data annually. These reports provide recommendations based on data to enable clinicians to engage in evidence based outcomes. Regular publication of reports also monitor the implementation and effectiveness of any recommendations made.

The data held in each registry will not be used for any purpose other than for research in a de-identified, aggregated manner in accordance with the descriptions set out in the Declarations. In line with the legal requirements of qualified privilege, any information that may identify an individual patient surgeon, either expressly or by deduction will not be publicly disclosed.

Details of the Declaration are set out in Attachment A.

 

CONSULTATION

ASOHNS, as the applicant for declaration of the activity, was consulted prior to the finalisation of the declaration. Wider consultation was not considered necessary as the quality assurance activity only relates to the gathering of information for the TGNSR, as conducted by ASOHNS. 

The declaration of this activity will not result in any direct or substantial indirect effect on business.

The Declaration commences on the day after registration on the Federal Register of Legislation.

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

 

Authority: Subsection 124X(1) of the

Health Insurance Act 1973

 

 

 

ATTACHMENT A

Details of the Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2)

Section 1 – Name

This section provides for the Declaration to be referred to as the Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2) (the Declaration).

Section 2 – Commencement

This section provides that the Declaration commences on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Declaration is made under subsection 124X(1) of the Health Insurance Act 1973.

Section 4 – Repeal

This section provides that the Declaration is repealed on the day at the end of 5 years after it was signed. Subsection 124(4) of the Health Insurance Act 1973 provides that a declaration of a quality assurance activity ceases to be in force at the end of 5 years after it is signed, unless sooner revoked.

Section 5 – Schedule

This section provides that the activity described in the Schedule is declared to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 applies.

Schedule – Declaration of quality assurance activity

The Schedule provides that the name of the activity is the ‘Tonsil, Grommet and Nasal Septum Surgery Registry’.  It also describes the quality assurance activity as the collection of sensitive preoperative and postoperative data, through a web-based system, about three surgical operations: tonsillectomy, middle ear ventilation tube insertion (grommets) or nasal septum surgery.  

Statement of Compatibility with Human Rights

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

 

Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2)

 

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 Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2) (the Declaration) declares the Tonsils, Grommet and Nasal Septum Surgery Registry conducted by the Australian Society of Otolaryngology Head and Neck Surgery Limited 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 activity, or documents created solely for the purposes of the activity, 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 is aimed at encouraging 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 the community health care.

This Declaration also engages, but does not limit, the right to privacy as contained in article 17 of the International Covenant on Civil and Political Rights by involving the collection, storage, security, use, disclosure or publication of personal information. Data collected as part of the quality assurance activity will be de-identified to ensure that no individual or individuals are identified prior to analysis or disclosure of the information.

Conclusion

This Declaration is compatible with human rights as it promotes the right to health and does not limit the right to privacy.

 

Prof. Brendan Murphy

Chief Medical Officer

Department of Health

Overview

The Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2) was enacted to declare the Tonsil, Grommet and Nasal Septum Surgery Registry (TGNSR) conducted by the Australian Society of Otolaryngology Head and Neck Surgery Limited as a quality assurance activity under Part VC of the Health Insurance Act 1973. This Act was introduced to address the need for efficient quality assurance activities to ensure the quality of health services funded by the Government, including through Medicare benefits, the Pharmaceutical Benefits Scheme, and Health Program Grants. The policy objective of the Declaration is to encourage participation in quality assurance activities by protecting certain information from disclosure and providing some protection from civil liability to certain persons engaged in those activities in good faith. The Declaration was issued by the Minister for Health and commenced on the day after it was registered on the Federal Register of Legislation. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The TGNSR is a web-based system that collects data and patient outcomes on three surgical operations: tonsillectomy, middle ear ventilation tube insertion (grommets), and nasal septum surgery. Questionnaires are used to collect and collate potentially sensitive pre-operative data from surgeons and post-operative data from surgeons and patients. Patients are asked for their consent to participate in the activity before any information is collected, and their data will be recorded in the registry and de-identified to be used for quality assurance purposes. The information collected is securely stored in a database hosted in a secure Microsoft Azure environment, and only system administrators employed by ASOHNS will have access to information about individual surgeons and patients relating to the information provided through the activity. The data held in each registry will not be used for any purpose other than for research in a de-identified, aggregated manner in accordance with the descriptions set out in the Declarations. In line with the legal requirements of qualified privilege, any information that may identify an individual patient or surgeon, either expressly or by deduction, will not be publicly disclosed.

Scope and Application

The Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2) applies to the Tonsil, Grommet and Nasal Septum Surgery Registry (TGNSR) operated by the Australian Society of Otolaryngology Head and Neck Surgery Limited (ASOHNS). This declaration encompasses the collection of sensitive pre-operative and post-operative data related to tonsillectomy, middle ear ventilation tube insertion, and nasal septum surgery through a web-based system. The data collection process involves obtaining patient consent, with the information subsequently de-identified and securely stored in a certified cloud environment. The collected data is used to generate annual reports aimed at improving surgical outcomes and monitoring the effectiveness of recommendations. The declaration ensures that the data collected will only be used for quality assurance purposes and will be destroyed after the declaration expires, thereby protecting patient privacy and confidentiality. The declaration is applicable nationally, with the intent to enhance the quality of health services funded by the government. The Declaration is a legislative instrument under the Legislation Act 2003 and operates under the authority of the Health Insurance Act 1973. The declaration automatically expires five years after it is signed, unless revoked sooner. This legislative instrument is compatible with human rights, as it supports the right to health by encouraging high-quality health care standards and protects the right to privacy through the de-identification of patient data. The Qualified Privilege Scheme under Part VC of the Act provides necessary protections to encourage participation in quality assurance activities, ultimately benefiting the community’s health care outcomes.

Key Provisions

The Health Insurance (Quality Assurance Activity) Declaration 2018 (No. 2) (the Declaration) is a legislative instrument that declares the Tonsil, Grommet and Nasal Septum Surgery Registry (TGNSR) to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 (the Act) applies. The TGNSR, undertaken by the Australian Society of Otolaryngology Head and Neck Surgery Limited (ASOHNS), collects data and patient outcomes on three surgical operations: tonsillectomy, middle ear ventilation tube insertion (grommets) and nasal septum surgery. The primary goal of this activity is to provide information on current surgical techniques and patient outcomes to improve the quality of health services. Section 5 of the Declaration specifies the activity and its objectives, while Section 4 states that the Declaration will be repealed at the end of five years unless sooner revoked. Parties governed by the Act, including ASOHNS, are required to ensure that the data collected through the TGNSR is used solely for quality assurance purposes and that all personal information is de-identified before analysis or disclosure. Patients must be informed and consent to participate in the registry, and surgeons are responsible for entering pre-operative data into the web-based platform. Post-operative data is collected through patient questionnaires, and surgeons can review patient outcomes and assess their own results. Data collected is securely stored and only accessible to system administrators employed by ASOHNS. The Data Sub-Committee of ASOHNS is responsible for analysing the outcome data and publishing annual reports that provide recommendations based on the data collected. These reports help clinicians engage in evidence-based outcomes and monitor the implementation and effectiveness of any recommendations made. Breaching the obligations and requirements of the Act may result in civil or criminal consequences, although specific offences, penalties or consequences are not detailed in the explanatory statement. The Qualified Privilege Scheme established by Part VC of the Act is aimed at encouraging participation in quality assurance activities that help ensure the highest possible health care standards are maintained. The Declaration is compatible with human rights as it promotes the right to health and does not limit the right to privacy, with personal information being de-identified before analysis or disclosure.

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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.