Queensland Consolidated Acts

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HEALTH SERVICES ACT 1991 - SECT 38T

38T Disclosure of information--commissioning authority or relevant person

(1) A person who is or was a commissioning authority must not disclose to someone else information contained in an RCA report or chain of events document, or give someone else a copy of an RCA report or chain of events document, received by the person under section 38N, other than--

(a) as required or permitted under sections 38U to 38ZA; or
(b) as permitted under subsection (2).

Maximum penalty--50 penalty units.

(2) A commissioning authority may give a safety and quality report prepared by the commissioning authority to--

(a) an individual involved in providing a health service at the health service facility to which the report relates; or
(b) an entity with responsibilities for the management of patient safety initiatives and programs for the health service facility.

(3) Also, a person who is or was a commissioning authority must not disclose to someone else--

(a) the identity of a member of an RCA team appointed by the commissioning authority; or
(b) information from which a member of the RCA team could be identified.

Maximum penalty--50 penalty units.

(4) Subsections (1) and (3) do not apply to--

(a) the disclosure of information by a commissioning authority that is necessary or incidental to the exercise by the commissioning authority of its powers under this part; or
(b) the disclosure of information by a person in compliance with a requirement of an inspector made of the person in the performance of the inspector's functions under section 63.

(5) Also, a person who is or was a relevant person for a commissioning authority must not disclose to someone else information acquired by the person as a relevant person for the commissioning authority.

Maximum penalty--50 penalty units.

(6) Subsection (5) does not apply to--

(a) the disclosure of information by a relevant person for a commissioning authority for the purpose of helping the commissioning authority exercise its powers under this part; or
(b) the disclosure of information by a person in compliance with a requirement of an inspector made of the person in the performance of the inspector's functions under section 63.

(7) If information that may be disclosed under this section is information to which section 62A(1) applies, the information is for the purposes of section 62B information that is expressly required or permitted to be given under this Act.

(8) This section does not authorise the attachment of a copy of an RCA report or chain of events document to a safety and quality report.

(9) In this section--

safety and quality report means a report about the safety and quality of the health service to which an RCA report relates that is based on information contained in the RCA report.



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