EXPLANATORY STATEMENT
Health Insurance Act 1973
Health Insurance (Quality Assurance Activity – I-MED Radiology Network Review of Radiologist Reports) Declaration 2026
Authority
This instrument is made under subsection 124X(1) of the Health Insurance Act 1973 (the Act).
Purpose and operation
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 that are funded by the Government, including through Medicare benefits and public hospital services. The scheme encourages participation in such activities by protecting certain information from disclosure, and by providing some protection from civil liability to certain persons engaged in those activities in good faith.
Subsection 124X(1) of the Act provides that the Minister may, by legislative instrument, declare a quality assurance activity described in a declaration to be a quality assurance activity to which Part VC of the Act applies. The Declaration declares the I-MED Radiology Network Review of Radiologist Reports) Declaration 2026 (the Activity), to be a quality assurance activity to which Part VC of the Act applies.
The purpose of the Health Insurance (Quality Assurance Activity – I-MED Radiology Network Review of Radiologist Reports) Declaration 2026 (the Declaration) is to declare the I-MED Radiology Network Review of Radiologist Reports (the Activity) to be a quality assurance activity to which Part VC of the Act applies.
The purpose of the Declaration is to support structured peer review of radiologist reports within the I‑MED Radiology Network by providing qualified privilege protections for the Activity. These protections are intended to promote frank participation in peer review and to facilitate continuous quality improvement in diagnostic imaging services.
The Activity is undertaken by the I‑MED Radiology Network and applies only to health services provided in Australia. The Activity involves the systematic peer review of radiologist reports to assess clinical quality, support professional development, and identify opportunities for service improvement. The Activity relates to health services in respect of which Medicare benefits are, or would be, payable and contributes to quality assurance in diagnostic imaging services delivered within the Australian health system.
Commencement
This Declaration commences on the day after registration of the instrument on the Federal Register of Legislation.
Consultation
I-MED Radiology Network, as the applicant for declaring the activity, was consulted in relation to the content of the Declaration. No concerns were raised with the proposed content. Wider consultation was not considered necessary as the quality assurance activity only relates to the gathering of information for the Activity, as conducted by I-MED Radiology Network. The declaration of the Activity will not result in any direct or substantial indirect effect on business.
General
This Declaration is a disallowable legislative instrument for the purposes of the Legislation Act 2003.
Details of the Declaration are set out in Attachment A.
The Declaration is compatible with the rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility with human rights is set out in Attachment B.
ATTACHMENT A
Health Insurance (Quality Assurance Activity – I-MED Radiology Network Review of Radiologist Reports) Declaration 2026
Part 1—Preliminary
Section 1 – Name
This section provides that the name of the Declaration is the Health Insurance (Quality Assurance Activity – I-MED Radiology Network Review of Radiologist Reports) Declaration 2026.
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 will be repealed when it ceases to be in force in accordance with subsection 124X(4) of the Health Insurance Act 1973.
Subsection 124X(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 1 – Description of quality assurance activity
Item 1 – Name of activity
Item 1 provides that the name of the Activity is ‘I-MED Radiology Network Review of Radiologist Reports’.
Item 2 – Description of activity
Item 2 of Schedule 1 describes the quality assurance activity as an activity that involves structured peer review of radiology reports by Radiologists engaged by I‑MED to assess report accuracy, clarity and clinical appropriateness.
The activity provides feedback and recommendations to practitioners and monitors the implementation of these recommendations. The activity also identifies and manages quality issues, supports escalation to further review where required, and informs broader quality improvements across I-MED’s services.
The Activity aims to improve clinical performance, clinical decision making, communication and patient safety on a nationally consistent basis.
The Activity is overseen by I‑MED’s clinical governance committee and supported by designated clinical leaders.
ATTACHMENT B
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 – I-MED Radiology Network Review of Radiologist Reports) Declaration 2026
The Health Insurance (Quality Assurance Activity – I-MED Radiology Network Review of Radiologist Reports) Declaration 2026 (the Declaration) 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 declares the I-MED Radiology Network Review of Radiologist Reports (the Activity), conducted by the I-MED Radiology Network, 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 with the right to health as set out in Article 12 of the International Covenant on Economic, Social and Cultural Rights 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 to ensure that the highest possible health care standards are maintained. The quality assurance activity described in this Declaration will provide participants with confidence that their involvement in peer review is undertaken solely for the purpose of improving the quality and safety of diagnostic imaging services and radiologist reporting across the I‑MED Radiology Network.
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. The Activity involves the collection, storage, security, use, disclosure or publication of personal information. Data collected as part of the Activity includes clinical and professional information necessary to undertake peer review of radiologist reports. Information is used solely for quality assurance purposes. Personal information relating to patients and health practitioners is de-identified prior to analysis, reporting or disclosure outside the Activity. Access to identifiable information is restricted to authorised participants and handled in accordance with privacy and confidentiality requirements. Aggregated and de‑identified data may be used to produce quality improvement reports and inform professional education activities, including internal reporting and engagement with relevant professional bodies.
Conclusion
This Declaration is compatible with human rights as it promotes the right to health and does not limit the right to privacy.
Professor Michael Kidd AO
Chief Medical Officer
Department of Health, Disability and Ageing