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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 103
Stopping conduct of RCA of reportable event—commissioning authority
103 Stopping conduct of RCA of reportable event—commissioning authority
(1) This section applies if— (a) persons have been appointed to be members
of an RCA team to conduct an RCA of a reportable event; and
(b) the
commissioning authority that appointed the RCA team members— (i) receives
information, other than in a notice under section 102 (3) (b) , that leads the
commissioning authority to reasonably believe— (A) the event involves a
blameworthy act; or
(B) the capacity of a person who was directly involved in
providing the relevant health service to safely and effectively provide the
service was impaired by alcohol consumed, or a drug taken, by the person; or
(ii) becomes aware that a relevant entity has started an investigation or
assessment of, or enquiry into, the event; or
(iii) later comes to the view
that the event the basis of the appointment is not a reportable event.
(2) If
subsection (1) (b) (i) or (iii) applies, the commissioning authority must, by
written notice given to the RCA team, direct it to stop conducting the RCA.
(3) If subsection (1) (b) (ii) applies, the commissioning authority may, by
written notice given to the RCA team, direct it to stop conducting the RCA.
(4) For subsection (2) or (3) , the notice given to the RCA team must be in
the approved form.
(5) Before acting under subsection (3) , the commissioning
authority may consult with any relevant entity.
(6) In this section—
"relevant entity" means— (a) the health ombudsman; or
(b) a coroner; or
(c) a board established under the Health Practitioner Regulation National Law
; or
(d) the commissioner of the police service; or
(e) another entity that
has the power under an Act of the State, the Commonwealth or another State to
deal with the event.
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