Reporting incidents into EMER, or participating in the EMER project, are activities protected by the Australian Government Department of Health’s Qualified Privilege Scheme.

Qualified Privilege is a legal provision that aims to improve patient safety and the quality of health care by promoting and encouraging clinicians to participate in quality reporting activities. It encourages a culture of learning from clinical incidents and adverse events by protecting clinicians from civil liability.

EMER was first declared as a Quality Assurance Activity by the Minister for Health and Ageing (now Minister for Health) in September 2012. This coverage was renewed in December 2018, and will expire again in December 2023. At this time, the Minister may renew it again.

More information is available from:

• Australian Government Department of Health, Qualified Privilege Scheme 
• Australian Government Department of Health, Health Insurance Act 1973 (Cth), section VC 
• Australian Government Department of Health, Health Insurance Regulations 2018 (Cth), part 10