Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.