Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 124W

Interpretation

  (1)   In this Part, unless the contrary intention appears:

"authority" , in relation to the disclosure of information, means an authority given by the Minister under section   124Z that is in force when the disclosure takes place.

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

"declared quality assurance activity" means a quality assurance activity in respect of which a declaration by the Minister under section   124X is in force when the activity is engaged in.

"disclose" , in relation to information, means give, reveal, or communicate in any way.

"health service" includes any administrative or other service related to a health service.

"person" , except in the reference to another person in section   124ZB, includes a committee or other body of persons, whether incorporated or unincorporated, and includes a member of such a committee or other body.

"produce" includes permit access to.

"quality" , in relation to health services provided by a person, includes the practices of the person in providing the services or the competence of the person to provide the services.

"quality assurance activity" means:

  (a)   an assessment or evaluation of the quality, or a study of the incidence or causes of conditions or circumstances that may affect the quality, of health services provided by a person, whether before or after the commencement of this Part, being:

  (i)   services in respect of which payments were made, or that are or would be eligible for payments, under Part   II or IV; or

  (ii)   services relating to the prescribing of pharmaceutical products in respect of which payments were made, or that are or would be eligible for payments, under Division   3 of Part   VII of the National Health Act 1953 ; or

  (iii)   services in respect of which payments were made, or that are or would be eligible for payments, under Part   3A of the Federal Financial Relations Act 2009 ; or

  (b)   the making of a recommendation about the provision of those services as a result of such an assessment, evaluation or study; or

  (c)   the monitoring of the implementation of such a recommendation.

"serious offence" means an offence punishable by imprisonment for a period of more than one year.

  (2)   For the purposes of this Part:

  (a)   information about a matter is not taken to have become known merely because of the existence or dissemination of suspicions, allegations or rumours about that matter; and

  (b)   information may be taken to have become known solely as a result of a declared quality assurance activity even though it was previously known to a person whose actions have been or are being investigated by the persons engaging in the quality assurance activity.



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