139Quality assurance

139 Quality assurance

S. 139(1) amended by Nos 53/1990 s. 21(a), 99/1995 s. 8(1), 26/2014 s. 455(Sch. item 13.2), 39/2022 s. 837(a).

(1) The Minister, by notice published in the Government Gazette, may declare that a specified committee, council or other body (whether corporate or unincorporate) established by one or more registered funded agencies, health service establishments, multi purpose services, mental health and wellbeing service providers or professional associations is an approved quality assurance body for the purposes of this Part and, by like notice, may revoke the declaration.

(2) The Minister must not approve a committee, council or other body unless he or she is satisfied—

S. 139(2)(a) amended by Nos 53/1990 s. 21(b)(i)(ii), 42/1993 s. 21(1), 99/1995 s. 8(2)(a), 26/2014 s. 455(Sch. item 13.3), 39/2022 s. 837(b)(c).

(a) that, in the case of a committee, council or body which is not a mental health and wellbeing service provider owned or managed by the Department, it is established under the by‑laws or constitution of one or more registered funded agencies, health service establishments, multi purpose services, mental health and wellbeing service providers or professional associations; and

S. 139(2)(b) amended by Nos 53/1990 s. 21(b)(iii), 99/1995 s. 8(2)(b), 26/2014 s. 455(Sch. item 13.4), 39/2022 s. 837(d).

(b) that its functions include the assessment and evaluation of the quality of health services provided by the registered funded agencies, health service establishments, multi purpose services, mental health and wellbeing service providers or members of a professional association, including the review of clinical practices or clinical competence of persons providing those services; and

(c) that the carrying out of its functions and powers would be facilitated by the provision of certain immunities in respect of proceedings; and

(d) that it is in the public interest that persons be prohibited from disclosing information given to it in the course of the carrying out of its functions.

S. 139(2A) inserted by No. 53/1990 s. 21(c).

(2A) In subsections (1) and (2)—

S. 139(2A) def. of
mental health service provider inserted by No. 26/2014 s. 455(Sch. item 13.5(a)), substituted as mental health and wellbeing service provider by No. 39/2022 s. 837(e).

mental health and wellbeing service provider has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

S. 139(2A) def. of professional association amended by No. 42/1993 s. 21(2).