{"id":"health-services-quality-improvement-act-1994","name":"Health Services (Quality Improvement) Act 1994","slug":"health-services-quality-improvement-act-1994","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30641,"registerId":"wa-health-services-quality-improvement-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Services (Quality Improvement) Act 1994","content":"![Crest]()Western Australia\n\nHealth Services (Quality Improvement) Act 1994\n\nWestern Australia\n\nHealth Services (Quality Improvement) Act 1994\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Object of Act 2\n\n4. Crown bound 2\n\n5. Effect on other enactments 2\n\n6. Terms used 2\n\nPart 2 — Quality improvement committees\n\n7. Approved quality improvement committees, declaration of 4\n\n8. Restrictions on Committees 5\n\n9. Disclosure of information acquired by Committee 5\n\n10. Information acquired by Committee not to be given in evidence 6\n\n11. Findings of Committee not evidence of certain matters 6\n\n12. Protection from personal liability for Committees etc. 7\n\n13. Sections 9, 10, 11 and 12 continue to apply if Committee ceases to be approved quality improvement committee 7\n\n14. Mortality Committees, application of Act to 8\n\nPart 3 — General\n\n15. Regulations 10\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth Services (Quality Improvement) Act 1994\n\nAn Act to provide for the approval and protection of quality improvement committees reviewing, assessing and monitoring the quality of health services, and for related purposes.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Health Services (Quality Improvement) Act 1994* 1.\n\n##### 2. Commencement\n\nThis Act comes into operation on such day as is fixed by proclamation 1.\n\n##### 3. Object of Act\n\nThe object of this Act is to encourage and promote the establishment of committees to review, assess and monitor health services with a view to improving the standard of health care in Western Australia.\n\n##### 4. Crown bound\n\nThis Act binds the Crown.\n\n##### 5. Effect on other enactments\n\n(1) This Act has effect despite the *Freedom of Information Act 1992*.\n\n(2) If there is an inconsistency between a provision of this Act and a provision of any other written law, the provision of this Act prevails to the extent of the inconsistency.\n\n##### 6. Terms used\n\nIn this Act, unless the contrary intention appears —\n\n  Committee means a committee that is declared, or is by section 14 taken to have been declared, to be an approved quality improvement committee under section 7(1);\n\n  governing body means the person or body (by whatever name called) having the general direction and control of, and overall responsibility for, the operations of —\n\n(a) a health service; or\n\n(b) an association, society, college, faculty or other body of professionals who provide a health service;\n\n  health service means —\n\n(a) any medical, hospital, ambulance, paramedical, dental, pharmaceutical, mental health, nursing home, palliative care, community health or environmental health service; or\n\n(b) any service relating to or associated with the provision of a service referred to in paragraph (a); or\n\n(c) any other service relating to or associated with the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or injury to persons.\n\n## Part 2 — Quality improvement committees\n\n##### 7. Approved quality improvement committees, declaration of\n\n(1) The Minister may, by order published in the *Gazette*, declare that, for such period not exceeding 3 years as is specified in that order, a specified committee established by a governing body is an approved quality improvement committee for the purposes of this Act and by like order may amend or revoke the declaration.\n\n(2) The Minister is not to make a declaration under subsection (1) unless the Minister is satisfied that —\n\n(a) the committee is established in accordance with the rules or official procedures of the relevant governing body; and\n\n(b) each member of the committee has training and experience appropriate to the services to be assessed and evaluated; and\n\n(c) the functions of the committee include —\n\n(i) the assessment and evaluation of the quality of health services, including the review of clinical practices; and\n\n(ii) the reporting and making of recommendations to its governing body concerning health services; and\n\n(iii) the monitoring of the implementation of those recommendations;\n\nand\n\n(d) the performance of those functions would be facilitated by the provision of immunities and protections afforded by this Act; and\n\n(e) it is in the public interest to restrict disclosure of information compiled by that committee in the course of the performance of those functions.\n\n##### 8. Restrictions on Committees\n\n(1) A Committee is to have regard to the rules of natural justice in so far as they are relevant to the performance of the functions of that Committee.\n\n(2) A report furnished or information made available by a Committee, must not disclose, either expressly or by implication, the identity of an individual who is a provider or recipient of a health service unless the individual has consented in writing to that disclosure.\n\n##### 9. Disclosure of information acquired by Committee\n\n(1) A person who acquires any information solely as a result of the performance of the Committee’s functions must not make a record of, or divulge or communicate that information to any person, except —\n\n(a) for the purposes of —\n\n(i) the performance of the functions of the Committee; or\n\n(ii) furnishing reports to the relevant governing body referred to in section 7(1);\n\nor\n\n(b) in accordance with any standards, in addition to the restrictions imposed by this Act, that may be established by the Minister for the making available to the public or a section of the public of information that does not, either expressly or by implication, disclose the identity of an individual or individuals; or\n\n(c) with the written consent of the person to whom the information relates.\n\nPenalty: $5 000.\n\n(1a) Subsection (1) applies to a person who acquires information, whether the person did so directly or indirectly.\n\n(2) The Minister may from time to time determine, and publish in the manner prescribed by the regulations, standards for the purposes of subsection (1)(b).\n\n[Section 9 amended: No. 61 of 2004 s. 8.]\n\n##### 10. Information acquired by Committee not to be given in evidence\n\n(1) A person who acquires information solely as a result of a Committee performing its functions is neither competent nor compellable in civil proceedings to divulge or communicate that information to any court, tribunal, board or person.\n\n(1a) A document that was created by or at the request of a Committee, or solely for the performance of a Committee’s functions, is not subject to discovery and is not to be used in evidence in civil proceedings before any court, tribunal, board or person unless the document has been made available to the public or given to the Minister or to the governing body of the Committee.\n\n(2) Subsections (1) and (1a) do not apply to —\n\n(a) a report which has been furnished, or information that has been made available, to a Committee which does not disclose, either expressly or by implication, the identity of an individual; or\n\n(b) a requirement made in proceedings in respect of any act or omission by a Committee or by a member of a Committee as a member.\n\n(3) This section does not limit section 9.\n\n[Section 10 amended: No. 61 of 2004 s. 9.]\n\n##### 11. Findings of Committee not evidence of certain matters\n\nA finding or recommendation by a Committee as to the need for changes or improvements in relation to a procedure or practice is not admissible as evidence in any proceedings that the procedure or practice is, or was, careless or inadequate.\n\n##### 12. Protection from personal liability for Committees etc.\n\n(1) Anything done by a Committee, a member of a Committee or any other person, in good faith for the purposes of the performance of the Committee’s functions, does not subject the member or person personally to any action, liability, claim or demand.\n\n[(2) deleted]\n\n(3) A person referred to in subsection (1) is, and is entitled to be, indemnified by the governing body that established the Committee in respect of any costs incurred in defending proceedings in respect of any action, liability, claim or demand against which the person is protected by this section.\n\n[Section 12 amended: No. 61 of 2004 s. 10; No. 17 of 2014 s. 24.]\n\n##### 13. Sections 9, 10, 11 and 12 continue to apply if Committee ceases to be approved quality improvement committee\n\nIf for any reason a committee ceases to be an approved quality improvement committee under section 7(1) —\n\n(a) section 9 continues to apply to the making of a record of, or divulging or communicating of, information that was acquired when the committee was an approved quality improvement committee; and\n\n(b) section 10 continues to apply to the competence or compellability of a person in relation to documents created when, or any matter or thing coming to that person’s notice when, the committee was an approved quality improvement committee; and\n\n(c) section 11 continues to apply to the admissibility of evidence that relates to a finding or recommendation made by the committee when it was an approved quality improvement committee; and\n\n(d) section 12 continues to apply to any action, liability, claim or demand that arose when the committee was an approved quality improvement committee,\n\nas if the committee were still an approved quality improvement committee.\n\n##### 14. Mortality Committees, application of Act to\n\n(1) This Act, other than sections 7, 13 and 15(a) and (b), applies to and in relation to a Mortality Committee as if —\n\n(a) that committee had been declared to be a Committee under section 7; and\n\n(b) the Minister were the relevant governing body for that committee; and\n\n(c) a report made under Part XIIIA, XIIIB or XIIIC of the *Health (Miscellaneous Provisions) Act 1911* were a report furnished to the relevant governing body.\n\n(2) Regulations made under section 15, only apply to Mortality Committees where those regulations specify that they are to have that application.\n\n(3) In this section Mortality Committee means —\n\n(a) the Maternal Mortality Committee constituted under Part XIIIA of the *Health (Miscellaneous Provisions) Act 1911*; and\n\n(b) the Perinatal and Infant Mortality Committee constituted under Part XIIIB of that Act; and\n\n(c) the Anaesthetic Mortality Committee constituted under Part XIIIC of that Act.\n\n(4) The provisions of this section are to be construed so as not to limit in any way the effect and operation of the provisions of Parts XIIIA, XIIIB and XIIIC of the *Health (Miscellaneous Provisions) Act 1911*.\n\n[Section 14 amended: No. 19 of 2016 s. 101.]\n\n## Part 3 — General\n\n##### 15. Regulations\n\nThe Governor may make regulations prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out this Act and, in particular —\n\n(a) providing for the procedure of Committees and the manner in which they are to perform their functions; and\n\n(b) permitting or requiring Committees to make specified information available to the public; and\n\n(c) permitting or requiring Committees to furnish reports concerning their activities to the Minister and governing bodies.\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Health Services (Quality Improvement) Act 1994* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Health Services (Quality Improvement) Act 1994* | 80 of 1994 | 20 Dec 1994 | s. 1 and 2: 20 Dec 1994;   Act other than s. 1 and 2:   6 Sep 1995 (see s. 2 and *Gazette* 5 Sep 1995 p. 4159) |\n| **Reprint 1: The *Health Services (Quality Improvement) Act 1994* as at 12 Dec 2003** | | | |\n| *Health Legislation Amendment Act 2004* Pt. 3 | 61 of 2004 | 24 Nov 2004 | 24 Nov 2004 (see s. 2) |\n| **Reprint 2: The *Health Services (Quality Improvement) Act 1994* as at 4 Nov 2011** (includes amendments listed above) | | | |\n| *Statutes (Repeals and Minor Amendments) Act 2014* s. 24 | 17 of 2014 | 2 Jul 2014 | 6 Sep 2014 (see s. 2(b) and *Gazette* 5 Sep 2014 p. 3213) |\n| *Public Health (Consequential Provisions) Act 2016* s. 101 | 19 of 2016 | 25 Jul 2016 | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) |\n\n\n2\t*The Criminal Code* s. 354 was deleted by the *Defamation Act 2005* s. 47.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCommittee 6\n\ngoverning body 6\n\nhealth service 6\n\nMortality Committee 14(3)\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of protecting quality improvement committees. The 2004 amendments added clarifying provisions (section 9(1a), 10(1a)) about indirect information acquisition and document discovery. The 2014 amendment deleted a redundant subsection. The 2016 amendment updated references to mortality committees. None of these changes expanded the scope beyond the original intent of providing legal protections for healthcare quality review processes."},"complexity_factors":["Short statute (15 sections total, approximately 6 pages)","Only 4 defined terms in the interpretation section (Committee, governing body, health service, Mortality Committee)","Limited cross-referencing—primarily internal references to other sections of this Act and three Parts of the Health (Miscellaneous Provisions) Act 1911","Straightforward conditional logic with clear exceptions (e.g., section 10(2) lists two specific exceptions to the non-compellability rule)","No nested exceptions or highly conditional drafting","Simple structure: preliminary provisions, committee protections, general provisions","Amendments are minor (deleting a subsection, adding clarifying subsections) and do not complicate the overall scheme"],"plain_english_summary":"This Western Australian law creates a legal framework to protect quality improvement committees in the health sector. These committees review medical practices, assess healthcare quality, and recommend improvements—but they need protection to do their job honestly without fear of lawsuits or public exposure of sensitive patient information.\n\n**What it does:**\n- Allows the Minister to officially approve \"quality improvement committees\" for up to 3 years at a time\n- Gives these committees special legal protections:\n  - **Confidentiality**: Members cannot disclose information they learn (with limited exceptions)\n  - **Immunity from giving evidence**: Committee documents and member testimony generally cannot be used in civil court cases\n  - **Protection from defamation**: Findings about needing improvements cannot be used as proof that care was negligent\n  - **Personal liability protection**: Members acting in good faith cannot be personally sued\n- Automatically extends these protections to three specific Mortality Committees (maternal, perinatal/infant, and anaesthetic mortality committees) even though they weren't created under this Act\n\n**Who it affects:**\n- Healthcare providers (hospitals, clinics, nursing homes, etc.) who establish quality committees\n- Committee members reviewing clinical practices\n- Patients and providers whose cases are reviewed (their identities are protected)\n- Anyone involved in civil litigation trying to access committee records\n\n**Why it matters:**\nWithout these protections, doctors and hospitals might avoid honest self-assessment for fear that admitting mistakes could be used against them in court. The law tries to balance accountability (committees must report to their governing bodies) with creating a \"safe space\" for quality improvement. It also overrides Freedom of Information laws, meaning the public generally cannot access these committee records."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s core object (encouraging review committees) remains (s3) but scope has been expanded by later provisions: Mortality Committees are expressly brought within the Act’s protections (s14), the Act overrides FOI access (s5), and governing bodies are required to indemnify members (s12(3)). The Minister’s power to determine disclosure standards and make regulations (s9(2), s15) further broadens administrative discretion compared with the original, narrower statutory scheme."},"complexity_factors":["Ministerial approval and renewal discretion for committees (s7(1)–(2)) — centralised decision point affecting which bodies receive protections","Statutory confidentiality prohibition with a monetary penalty ($5,000) and extra standard-setting power for public disclosure (s9(1), s9(1a), s9(2))","Evidentiary privilege and discovery exclusion for committee documents and persons solely informed via committee activities (s10(1)–(1a), s10(2))","Civil‑law protection for good‑faith acts and express indemnity obligation on the governing body to meet defence costs (s12(1), s12(3))","Override of Freedom of Information and primacy over inconsistent written laws (s5(1)–(2)), which narrows external access routes","Continuation clause preserving protections even after a committee ceases to be approved (s13), creating lingering legal effects","Specific extension and tailored treatment for Mortality Committees with cross‑references to another Act (s14(1)–(4)), adding inter‑statutory complexity","Broad regulation‑making power about procedure and public disclosure (s15), which delegates many operational details to subordinate instruments"],"plain_english_summary":"This Act lets the Minister designate hospital and other health‑service review panels as “approved quality improvement committees” for up to three years. Designated committees get statutory confidentiality, evidentiary privilege and personal immunity when acting in good faith; governing bodies must indemnify members and a $5,000 penalty applies for unauthorised disclosure. It affects committee members, health providers and governing bodies by restricting what committee material can be published or used in court, while giving the Minister power to set disclosure standards and regulations (s3, s7, s9–12)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this Act changed from its original intent, as no legislative text was available for analysis. The Health Services (Quality Improvement) Act 1994 (WA) is known generally to relate to quality improvement processes in health services, but no conclusions can be drawn from the content provided."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","Cannot assess complexity without access to the actual text of the Act","Score of 1 reflects the absence of analysable content, not the simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Health Services (Quality Improvement) Act 1994* (WA) is no longer available on the Western Australian legislation website. The link has broken due to system upgrades, and only a 'page not found' message was returned — not the actual text of the law.\n\n**What this means for you:** It is not possible to analyse this Act based on the content provided. To read the actual legislation, you should:\n- Visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and search for the Act by name\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the page\n- Check [Austlii](https://www.austlii.edu.au) as an alternative source for WA legislation"}},"importantCases":[],"_links":{"self":"/api/acts/health-services-quality-improvement-act-1994","history":"/api/acts/health-services-quality-improvement-act-1994/history","analysis":"/api/acts/health-services-quality-improvement-act-1994/analysis","conflicts":"/api/acts/health-services-quality-improvement-act-1994/conflicts","importantCases":"/api/acts/health-services-quality-improvement-act-1994/important-cases","documents":"/api/acts/health-services-quality-improvement-act-1994/documents"}}