Queensland Consolidated Acts

HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 106

106 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 give someone else a copy of an RCA report, received by the person under section 101 , other than—

(a) as required or permitted under sections 108 to 115 ; or

(b) as permitted under subsection (2) .

Penalty—

Maximum penalty—100 penalty units.

(2) A commissioning authority may give a safety and quality report prepared by, or for, the commissioning authority to—

(a) an individual involved in providing a health service to which the report relates; or

(b) an entity with responsibilities for the management of patient safety initiatives and programs for the relevant health service.

(3) 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.

Penalty—

Maximum penalty—100 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 division; or

(b) the disclosure of information by a person in compliance with a requirement of an inspector made of the person under this Act, if the requirement relates to an offence under this division.

(5) 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.

Penalty—

Maximum penalty—100 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 division; or

(b) the disclosure of information by a person in compliance with a requirement of an inspector made of the person under this Act, if the requirement relates to an offence under this division.

(7) A person who is or was a commissioning authority must not disclose to someone else information contained in a notice given to the person under section 102 (3) (b) , or give someone else a copy of the notice.

Penalty—

Maximum penalty—100 penalty units.

(8) Subsection (7) does not apply to the disclosure of information by a person if the disclosure is—

(a) required under section 113 (7) ; or

(b) necessary or incidental to the person taking, or deciding to take, disciplinary, investigative or other action in relation to the reportable event the subject of the information.

(9) This section does not authorise the attachment of a copy of an RCA report to a safety and quality report.

(10) 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.