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CLAUSE NOTES
Perinatal Registry Amendment Bill 2010
Clause 1 Short Title
Clause 2 Commencement
Provides for the Act to commence on Royal Assent.
Clause 3 Principal Act
Clause 4 The long title of the Principal Act is amended.
Clause 5 The short title of the Principal Act is amended so the title of the
Act is the Obstetric and Paediatric Mortality and Morbidity Act 1994.
Clause 6 S3 amended - Interpretation:
Definitions of `child death', `committee', information' and
`relevant Minister' are inserted into section 3.
The Act is amended to include reference to `relevant Minister'
because matters pertaining to children come under a number of
Ministerial portfolios and not just the Minister responsible for
the Principal Act.
Clause 7 S6 amended - Functions of Council
The clause amends section 6 by adding two new functions.
The current subsection (d) provides that the Council may
investigate and report on other matters referred to the Council
by the Minister or Secretary. The new subsection (da) allows
the Council to investigate and report to the Minister, a relevant
Minister or the Secretary of the Department of Health and
Human Services of its own motion on any matter relating to
obstetric and paediatric mortality and morbidity.
The new subsection (db) allows the Council to provide
information relating to the death or morbidity of an individual,
that is, a child or a woman who is or has been pregnant, to the
Minister, a relevant Minister, the Secretary or a prescribed body.
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Clause 8 S6A Information to coroner
This clause inserts a new section 6A which gives the Council the
power to make recommendations and provide information to a
coroner, whether of its own motion or at the request of a
coroner. The information would relate to a child death or a
maternal or later maternal death.
Subsection (2) of section 6A makes it clear that the coroner may
admit into evidence the information provided by the Council to
the coroner.
Clause 9 Statute revision, reference to a `document' is omitted as the
reference is no longer required as information is defined in
section 3 to include a document.
Clause 10 Statute revision, reference to a committee being `established
under section 9' is omitted as `committee' is defined in section 3.
Clause 11 Statute revision, reference to a committee being `established
under section 9' is omitted as `committee' is defined in section 3.
Clause 12 Repeals section 15 and substitutes two new sections:
S15 Section 15 Confidentiality and use of information
The replacement section rearranges the former section 15, but
clarifies the provision and adds some exemptions.
15(1) Subsection (1) provides that a person who is or has been
involved with the Council, whether as a member or employee,
may only record, disclose, publish, communicate or use
information gained in their capacity as a member or employee of
the Council, to the extent necessary in carrying out the
Council's functions or in the exercise of the Council's powers.
It is an offence to use or disclose Council information for any
other purpose.
Subsection (2) provides that information provided to the
15(2) Council or created by the Council is not admissible in any
proceedings before a court, tribunal, board, Agency or person.
Subsection (3) restates the former subsection (4) and provides
15(3) that the Council, a Council or committee member, or a Council
employee cannot be compelled to disclose or produce
information before a court, tribunal, board, Agency or person, if
the information was provided to the Council under the Act or
was produced by the Council, a Council or committee member
or employee in the performance of the Council's functions.
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This subsection does not apply to the Annual Report which is
required to be produced under section 12.
15(4) Subsection (4) restates part of the former subsection (1) and
provides that information may be provided with the approval of
the Council to a medical practitioner, a nurse or midwife
concerned in the care of a pregnant woman and her unborn
child, the birth of the child, the care of the child under the age of
six months or the care of a child born with a congenital
abnormality, injury, illness or defect. Information may also be
disclosed to a person concerned in research.
Subsection (5) restates the former subsection (2) and provides
15(5) that information disclosed to a researcher must not contain
identifying information unless consent has been given by the
person or the person's guardian.
Subsection (6) restates the former subsection (5) and provides
15(6)
that persons who receive information under subsection (4) and
(5) that is, a health practitioner or a researcher are subject
to the same rights, obligations and liabilities that apply to a
Council member in respect of the information received from the
Council, that is, it is an offence to use it or disclose it for
another purpose, and they cannot be required to produce the
information in legal proceedings.
Subsection (7) restates the former subsection (6) and provides
15(7) that the Right to Information Act 2009 does not apply to Council
information.
Subsection (8) is a new provision. The Council members who
15(8)
are health practitioners (for example a medical practitioner or
midwife) are `prescribed persons' under the Children, Young
Persons and Their Families Act 1996. As a prescribed person, if
they believe a child has been abused or neglected or is
otherwise in danger, they are obliged to report that information
to the Secretary. But for this subsection, the confidentiality
provisions of this section would prevent those members from
carrying out their obligations as prescribed persons and making
such reports.
Subsection (9) is also a new provision. It provides that if the
15(9) Council believes or suspects that an indictable offence has been
committed in relation to a child or woman, it may report that
information to the Commissioner of Police.
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Clause 12 Section 15A Restriction on dealing with information
cont'd
This section provides that where the Council provides
S15A information under the Act to another person or body, the
Council may declare that the information or part of the
information is confidential information.
The effect of such a declaration is that while the person who
receives that information may use it in the performance of that
person or body's duties, it cannot be used or disclosed for any
other purpose, and the person cannot be required to produce
the information before any court, tribunal, board, Agency or
person.
Clause 13 Statute revision, reference to a `document' is omitted as the
reference is no longer required as information is defined in
section 3 to include a document.
Clause 14 Part 3 Coroners Rules 2006 amended
Clause 14 states that in Part 3, the Coroners Rules 2006 are
referred to as the Principal Rules.
Clause 15 The clause amends rule 26 of the Coroners Rules by adding
subrule (5A). Rule 26 provides the mechanism whereby a
coroner may give a person access to, or a copy of, the coronial
record. Subrule (5A) places a restriction on a coroner so that
the coroner may not give access to information that has been
provided by the Council and which is declared by the Council
under section 15A to be confidential information.
Clause 16 Provides that the amendment to the Coroners Rules by clause 15
of this Act does not prevent the Coroners Rules from being
amended by a later rule.
Clause 17 The Perinatal Registry Amendment Act is repealed 90 days after
commencement.
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