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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 85A
Disclosure to prevent serious risk of harm
85A Disclosure to prevent serious risk of harm
(1) This section applies if a committee forms a reasonable belief that a
health professional, in the practice of the health professional’s
profession, poses a serious risk of harm to a person because of the health
professional’s health, conduct or performance.
(2) The committee must
disclose to the health professional’s chief executive— (a) the information
that forms the basis of the reasonable belief; and
(b) the identity of the
health professional.
(3) Subsection (2) (b) applies despite section 83 (2) .
(4) The chief executive must not disclose to another person information
obtained under subsection (2) , other than— (a) if the chief executive is
the chief executive of the department or a Service— (i) to the extent
necessary to allow the chief executive to perform the chief executive’s
functions under this Act or the Public Sector Act 2022 ; or
(ii) for the
purposes of making, or enabling another person to make, a notification about
the health professional under the Health Practitioner Regulation National Law
(Queensland) , part 8 , division 2 ; or
(b) if the chief executive is the
chief executive of a private health facility— (i) to the extent necessary to
allow the chief executive to perform the chief executive’s functions
relating to the management of the facility; or
(ii) for the purposes of
making, or enabling another person to make, a notification about the health
professional under the Health Practitioner Regulation National Law
(Queensland) , part 8 , division 2 .
(5) In this section—
"chief executive" , of a health professional, means— (a) if the health
professional is appointed as a health service employee or public service
officer in the department and is working for a Service—the chief executive
of the Service; or
(b) if the health professional is appointed as a
health service employee in a Service—the chief executive of the Service; or
(c) if the health professional provides services for a Service under a
contract for services—the chief executive of the Service; or
(d) if the
health professional is employed in, or provides services under a contract for
services for, a private health facility—the licensee of the facility; or
(e) otherwise—the chief executive of the department.
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