Queensland Consolidated Acts

HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 112

112 Giving of copy of RCA report—patient safety entity

(1) This section applies if the commissioning authority is—

(a) a health service chief executive; or

(b) the chief executive.

(2) The commissioning authority must give a copy of each RCA report received by the commissioning authority under section 101 to a prescribed patient safety entity for an authorised purpose for the entity.

(3) At the time of giving a copy of an RCA report to an entity under subsection (2) , the commissioning authority must also give the entity—

(a) details of the reportable event; and

(b) details of the name and address of the entity responsible for providing the relevant health service.

(4) A person who performs functions for the entity—

(a) must not give a copy of the report to anyone else; and

(b) must not disclose any information contained in the copy of the report, or information mentioned in subsection (3) , to anyone else; and

(c) must not use the copy of the report, and the information mentioned in subsection (3) , other than for the authorised purpose for which the copy of the report was given.

Penalty—

Maximum penalty—100 penalty units.

(4A) However, a person who performs functions for the entity may disclose the following information to another person for the authorised purpose for which the copy of the report was given—

(a) information contained in the copy of the report, including, for example, recommendations mentioned in section 100 (1) (c) ;

(b) information mentioned in subsection (3) (a) and (b) .

Example of disclosing information mentioned in subsection (4A)—

giving another person access, for the authorised purpose, to information mentioned in the subsection by including the information in an information system

(5) Also, if the entity is the administrative unit of the department responsible for coordinating improvements in the safety and quality of health services, a person who performs functions for the entity may give a copy of the report, or information contained in the copy of the report, to another prescribed patient safety entity that is a quality assurance committee for an authorised purpose of the other entity.

(6) An authorised purpose mentioned in subsection (4) (c) or (4A) does not include the disclosure of information contained in the copy of the RCA report, or information mentioned in subsection (3) , that may lead to the identification of—

(a) a person involved in providing the relevant health service; or

(b) the person who received the relevant health service.

(7) In this section—

"authorised purpose" , for a prescribed patient safety entity, means a purpose prescribed under a regulation for the entity that relates to the entity’s responsibilities.

"patient safety entity" means an entity whose responsibilities include the planning, implementation, management and evaluation of patient safety initiatives and programs for a health service.

"prescribed patient safety entity" means a patient safety entity prescribed under a regulation for a relevant health service.