Health Insurance Act 1973

The Minister may, by legislative instrument, declare a quality assurance activity described in the declaration to be a quality assurance activity to which this Part applies.

A declaration may describe a quality assurance activity in any way, including any one or more of the following ways:

by reference to the nature of the activity;

by reference to a person who is engaging or proposes to engage in the activity;

by reference to circumstances in which the activity is being, or is proposed to be, engaged in.

The Minister must not make a declaration in respect of a quality assurance activity unless the Minister is satisfied that:

any person who is engaging, or proposes to engage, in the activity is authorised to do so:

under a law of the Commonwealth, of a State or of a Territory; or

by, or by an authority of, the Commonwealth, a State or a Territory; or

by a body that provides health care; or

by an educational institution; or

by a body established wholly or partly for the purposes of research; or

by an association of health professionals; or

by any other prescribed body; and

it is in the public interest, having regard to such criteria as are prescribed by the regulations, that this Part should apply to the activity.

A declaration, unless sooner revoked, ceases to be in force at the end of 5 years after the instrument of declaration was signed, but this subsection does not prevent the Minister from making a further declaration in respect of the same activity.