(1) A person who is or was a commissioning authority must not disclose to someone else information contained in an RCA report or chain of events document, or give someone else a copy of an RCA report or chain of events document, 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).
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) Also, 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.
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) Also, 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.
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) This section does not authorise the attachment of a copy of an RCA report or chain of events document to a safety and quality report.
(8) 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.