{"id":"F2025L01371","name":"Health Insurance (Quality Assurance Activity – BreastSurgANZ Quality Audit) Declaration 2025","slug":"health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107404,"registerId":"commonwealth-F2025L01371-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Health Insurance (Quality Assurance Activity – BreastSurgANZ Quality Audit) Declaration 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 124X(1) of the Health Insurance Act 1973.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\nThis instrument is repealed when it ceases to be in force in accordance with subsection 124X(4) of the Health Insurance Act 1973.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedule","content":"#### 5 Schedule\n\n The quality assurance activity described in the Schedule to this declaration is, to the extent that the quality assurance activity relates to health services provided in Australia, declared to be a quality assurance activity to which Part VC of the Health Insurance Act 1973 applies.\n\n \n\nSchedule 1—Description of quality assurance activity\n\n1 Name of activity \n\nBreast Surgeons of Australia and New Zealand Quality Audit\n\n2 Description of activity\n\nThis declaration applies to the Breast Surgeons of Australia and New Zealand (BreastSurgANZ) Quality Audit (BQA).\n\nThe BQA is a clinical audit that collects breast cancer surgery and treatment pathway information from breast surgeons. The BQA compares surgeons’ clinical results with Quality Thresholds for Key Performance Indicators (KPIs) set by the BQA Subcommittee, relating to a patient’s optimal care pathway.\n\nThe BQA promotes collaborative research to improve breast cancer care through teaching, research, and the development of evidence-based strategies that monitor individual members' surgical performance and improve outcomes using evidence-based benchmarks produced from the audit. Surgeons may access their own data and analyse aggregate data from the BQA to establish an evidence base to make changes in recommended treatments to improve breast surgery outcomes.\n\nThe BQA activity will be engaged in by BreastSurgANZ, which is a sub-specialty society for surgeons treating breast cancer.\n\nThis declaration follows the previously declared activity Health Insurance (Quality Assurance Activity – BreastSurgANZ Quality Audit) Declaration 2020. This declaration is likely to encourage a greater level of participation than the previously declared activity through KPI and database expansion, redefined membership categories, and the implementation of an outlier process.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2020 predecessor. It is a standard administrative declaration under section 124X of the Health Insurance Act 1973, which has always been intended for designating specific quality assurance activities. The expanded KPIs and outlier process mentioned in the Schedule represent operational evolution of the audit itself, not a legislative scope creep."},"complexity_factors":["Very short instrument (approximately 500 words)","Only 5 operative sections plus a brief schedule","No defined terms section—relies on external definitions in the parent Act","Single cross-reference to section 124X of the Health Insurance Act 1973","Straightforward declaratory structure: 'X is declared to be Y'","No conditional logic, exceptions, or nested provisions","Schedule contains purely descriptive material about the audit rather than legal rules"],"plain_english_summary":"This law formally declares the BreastSurgANZ Quality Audit (BQA) a protected “quality assurance activity,” so clinical data submitted for the audit is shielded from legal discovery and public disclosure. It empowers breast surgeons to share outcomes and peer-review candidly, supporting benchmarking, private identification of outliers, and system-wide care improvements. The change renews and expands a 2020 declaration—adding more participants, stronger performance indicators, and a formal process for addressing poor performers—benefiting surgeons, patients, and BreastSurgANZ."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument expressly follows the 2020 declaration and expands the activity: it enlarges KPIs and the database, redefines membership categories and introduces an outlier process, thereby broadening participant coverage and data types collected (see Schedule)."},"complexity_factors":["Statutory basis: made under subsection 124X(1) of the Health Insurance Act 1973 (see s.3).","Application of Part VC to the activity (Schedule; s.5) — links the audit to the Act’s quality‑assurance legal framework and its procedural consequences.","Repeal mechanism tied to subsection 124X(4) (see s.4) — temporal/termination condition is statutory rather than operational.","Operational expansions set out in the Schedule: KPI and database expansion, redefined membership categories, and an implemented outlier process — these increase scope and administrative complexity.","Data collection and benchmarking model: surgeons supply clinical data and access individual and aggregate outputs — creates ongoing compliance, data‑handling and reporting obligations for participants and the society.","Implementation discretion: many operational details (specific KPIs, data fields, outlier rules, participation thresholds) are left to BreastSurgANZ/Subcommittee decisions, creating administrative discretion and implementation risk.","Continuity with prior instrument (references the 2020 declaration) — legal and operational transition issues may arise from expanded coverage."],"plain_english_summary":"Declares the BreastSurgANZ Quality Audit a quality‑assurance activity under Part VC of the Health Insurance Act 1973. It covers the collection and benchmarking of breast‑cancer surgery and treatment‑pathway data from participating surgeons and is run by BreastSurgANZ. It affects surgeons who submit data and the society that operates the audit. The instrument expands KPI and database scope, redefines membership categories and adds an outlier process, likely increasing participation, data volume and related compliance and administrative obligations."}},"importantCases":[],"_links":{"self":"/api/acts/health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025","history":"/api/acts/health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025/history","analysis":"/api/acts/health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025/analysis","conflicts":"/api/acts/health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025/conflicts","importantCases":"/api/acts/health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025/important-cases","documents":"/api/acts/health-insurance-quality-assurance-activity-breastsurganz-quality-audit-declaration-2025/documents"}}