Victorian Consolidated Legislation

Health Services Act 1988 - SECT 139

Quality assurance

139. Quality assurance



(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, psychiatric services 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-

   (a)  that, in the case of a committee, council or body which is not a
        psychiatric service 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, psychiatric services or professional associations;
        and

   (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, psychiatric
        services 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.

(2A) In subsections (1) and (2)-





professional association means an association, society, college or other body,
membership of which consists principally of health care providers, whether or
not of a particular class or classes;

psychiatric service has the same meaning as in section 106 of the
Mental Health Act 1986.

(3) A person who is or has been a member, officer or employee of a committee,
council or other body in respect of which a declaration under subsection (1)
has been made must not either directly or indirectly-

   (a)  make a record of or divulge or communicate to any person any
        information gained by or conveyed to that person by reason only of
        being such a member, officer or employee while the declaration was in
        force; or

   (b)  make use of any such information-

except to the extent necessary for the performance of the functions of that
committee, council or body or of the person as such a member, officer or
employee. Penalty: 50 penalty units.

(3A) Subsection (3) has effect despite anything to the contrary in section 12
of the Audit Act 1994.



(4) A person who is or has been a member, officer or employee of a committee,
council or other body in respect of which a declaration under subsection (1)
has been made shall not be required by reason only of being such a member,
officer or employee-

   (a)  to produce before any court, tribunal, board, agency or person any
        document in his or her possession or under his or her control by
        reason only of being such a member, officer or employee while the
        declaration was in force; or

   (b)  to divulge or communicate to any court, tribunal, board, agency or
        person any matter or thing coming under his or her notice by reason
        only of being such a member, officer or employee while the declaration
        was in force.

(4A) Subsections (3) and (4) do not apply to information that does not
identify, either expressly or by implication, a particular individual or
particular individuals.

(4B) Subsection (4) does not apply to a document that does not identify,
either expressly or by implication, a particular individual or particular
individuals.

(5) Evidence of any information or document concerning the proceedings or
prepared for the purposes of a committee, council or other body at any time
when a declaration under this section was in force in respect of it is not
admissible in any action or proceedings before any court, tribunal, board,
agency or person.

(6) If there is an inconsistency between this section and a provision of any
other Act or law, this section prevails to the extent of the inconsistency.