Commonwealth legislation

Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 2/2005)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does: This declaration provides legal protection to a specific medical peer review program run by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists. It covers 'practice visits' where experienced specialists assess the clinical competence and standards of their colleagues.

Who it affects: Obstetricians and gynaecologists who are Fellows of the College — both those conducting the assessments and those being assessed.

Why it matters: The declaration triggers Part VC of the Health Insurance Act 1973, which gives participants qualified privilege (legal immunity from defamation and breach of confidence lawsuits) for statements made during these reviews. This protection encourages honest, critical feedback that improves patient safety and medical standards, without doctors fearing litigation for giving candid assessments of their peers' work.

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Current sections

Direct links to the current provisions in Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 2/2005).

Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 2/2005)

COMMONWEALTH OF AUSTRALIA

HEALTH INSURANCE ACT 1973

DECLARATION OF QUALITY ASSURANCE ACTIVITY

UNDER SECTION 124X

QAA No. 2/2005

I, ANTHONY JOHN ABBOTT, Minister for Health and Ageing, under Section 124X of the Health Insurance Act 1973 (the Act):

DECLARE the Activity described in the Schedule to this declaration (the Activity) to be a quality assurance activity to which Part VC of the Act applies being satisfied in relation to the Activity that:

(a) the persons engaging in the Activity are authorised to do so by an association of health professionals;

(i) it is in the public interest that Part VC of the Act apply to the Activity having regard to the criteria prescribed in regulations 23C to 23G (inclusive) of the Health Insurance Regulations 1975.

…………Tony Abbott………………Tony Abbott………………………………

Minister for Health and Ageing

Dated: 11/10/2005

SCHEDULE

QAA No. 2/2005

DECLARED QUALITY ASSURANCE ACTIVITIES TO WHICH PART VC OF THE HEALTH INSURANCE ACT 1973 APPLIES

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Item Description of Quality Assurance Activity

________________________________________________________________________________

Persons engaging in activity: Royal Australian and New Zealand College of Obstetricians and Gynaecologists.

Title: Peer review practice visits for obstetricians and gynaecologists in Australia.

Description: The Activity is to visit, assess and evaluate the individual practice and competence of Fellows of the Royal Australian College of Obstetricians and Gynaecologists.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Health Insurance Act 1973 - Declaration of Quality Assurance Activity under section 124X (QAA No. 2/2005)

COMMONWEALTH OF AUSTRALIA

HEALTH INSURANCE ACT 1973

DECLARATION OF QUALITY ASSURANCE ACTIVITY

UNDER SECTION 124X

QAA No. 2/2005

I, ANTHONY JOHN ABBOTT, Minister for Health and Ageing, under Section 124X of the Health Insurance Act 1973 (the Act):

DECLARE the Activity described in the Schedule to this declaration (the Activity) to be a quality assurance activity to which Part VC of the Act applies being satisfied in relation to the Activity that:

(a) the persons engaging in the Activity are authorised to do so by an association of health professionals;

(i) it is in the public interest that Part VC of the Act apply to the Activity having regard to the criteria prescribed in regulations 23C to 23G (inclusive) of the Health Insurance Regulations 1975.

…………Tony Abbott………………Tony Abbott………………………………

Minister for Health and Ageing

Dated: 11/10/2005

SCHEDULE

QAA No. 2/2005

DECLARED QUALITY ASSURANCE ACTIVITIES TO WHICH PART VC OF THE HEALTH INSURANCE ACT 1973 APPLIES

Item Description of Quality Assurance Activity

________________________________________________________________________________

Persons engaging in activity: Royal Australian and New Zealand College of Obstetricians and Gynaecologists.

Title: Peer review practice visits for obstetricians and gynaecologists in Australia.

Description: The Activity is to visit, assess and evaluate the individual practice and competence of Fellows of the Royal Australian College of Obstetricians and Gynaecologists.