Queensland Consolidated Acts

HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 138

138 Protection for reports

(1) This section applies to a report prepared as a result of a clinical review, other than as a result of a review undertaken to provide clinical advice to a health service investigator.

(2) The report—

(a) can not be accessed under any order, whether of a judicial or administrative nature; and

(b) is not admissible in any proceeding, other than a proceeding for an offence under this division.

(3) A person must not, and can not be compelled to, produce the report, or give evidence relating to the report—

(a) in any proceeding, other than a proceeding for an offence under this division; or

(b) in compliance with a requirement under an Act or legal process.

(4) In this section—

"order" includes a direction or other process.

"proceeding" includes—

(a) a civil proceeding; or

(b) a criminal proceeding; or

(c) a proceeding under the Health Practitioner Regulation National Law .