Commonwealth Consolidated Regulations

HEALTH INSURANCE REGULATIONS 1975 - REG 23G

         (1)   The criterion stated in subregulation (2) applies if a quality assurance activity includes:

                (a)    the assessment or evaluation by a person of the services, skill or performance of a health care practitioner for the purpose of determining the health care practitioner's clinical practising rights; and

               (b)    the making of findings on material questions of fact or law.

         (2)   The purposes of the quality assurance activity must include:

                (a)    the giving of reasons to the health care practitioner for findings:

                          (i)    that the person makes; and

                         (ii)    with which the health care practitioner is dissatisfied; and

               (b)    an entitlement for the health care practitioner to appeal to another person or body against an adverse finding made by the person; and

                (c)    the disclosure, by the person, of information that:

                          (i)    is about the health care practitioner's clinical practising rights; and

                         (ii)    identifies the health care practitioner.

         (3)   In this regulation:

"clinical practising rights" means:

                (a)    a health care practitioner's right to practise a particular profession or use particular skills in:

                          (i)    premises at which health services are provided; or

                         (ii)    an authority of a State or Territory; or

               (b)    a health care practitioner's right to hold himself or herself out as having been certified by an association of health professionals as possessing a particular skill or competency.

"health care practitioner" means a person referred to in paragraph (a) of the definition of quality assurance activity in subsection 124W (1) of the Act.