Queensland Numbered Acts

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HEALTH AND HOSPITALS NETWORK ACT 2011 No. 32 - SECT 119

119 Protection for documents and information

(1) This section applies to—

(a) an RCA report, chain of events document or other document created by or for an RCA team; or
(b) information contained in an RCA report, chain of events document or other document created by or for an RCA team; or
(c) information acquired by the following persons as—
(i) a member of an RCA team;
(ii) a relevant person for an RCA team;
(iii) a commissioning authority;
(iv) a relevant person for a commissioning authority.

(2) The document or information—

(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 document or information, or give evidence relating to the document or information, in any proceeding, other than a proceeding for an offence under this division.

(4) However, a copy of an RCA report given to a coroner under section 113 may be admitted in evidence by a coroner in an inquest under the Coroners Act 2003 into the death of a person—

(a) if section 113(1) applies—if the reportable event is the death; or
(b) if section 113(2) applies—if the reportable event happened while a health service was being provided to the person.

(5) In this section—

order includes a direction or other process.

proceeding includes—

(a) a civil proceeding; or
(b) a criminal proceeding; or
(c) a disciplinary proceeding under the Health Practitioners (Professional Standards) Act 1999 or a proceeding under the Health Practitioner Regulation National Law.


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