{"id":"tas:act-1994-031","name":"Obstetric and Paediatric Mortality and Morbidity Act 1994","slug":"obstetric-and-paediatric-mortality-and-morbidity-act-1994","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"31 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106189,"registerId":"tas-act-1994-031-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> [*\\[Section 1 Amended by No. 32 of 2010, s. 5, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS5@EN) This Act may be cited as the [Obstetric and Paediatric Mortality and Morbidity Act 1994](/view/html/inforce/2026-04-12/act-1994-031) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***born alive*** means the complete expulsion or extraction from its mother of a viable foetus in which, after that expulsion or extraction, the heart was beating;\n> \n> > [*\\[Section 3 Amended by No. 32 of 2010, s. 6, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS6@Hpa@EN) ***child death*** means the death of a person who has not attained the age of 18 years;\n> \n> > [*\\[Section 3 Amended by No. 32 of 2010, s. 6, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS6@Hpa@EN) ***committee*** means a committee established under [section 9](#GS9@EN) ;\n> \n> > ***Council*** means the Council of Obstetric and Paediatric Mortality and Morbidity established by [section 4](#GS4@EN) ;\n> \n> > ***employee*** means a person whose services are made available to the Council under [section 10](#GS10@EN) [(a)](#GS10@Hpa@EN) or [(b)](#GS10@Hpb@EN) ;\n> \n> > ***function*** includes duty;\n> \n> > [*\\[Section 3 Amended by No. 32 of 2010, s. 6, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS6@Hpb@EN) ***information*** means any information –\n> > \n> > > > (a) in, or derived from, a document; or\n> > > \n> > > > (b) provided orally;\n> \n> [*\\[Section 3 Amended by No. 40 of 2005, s. 4, Applied:15 Sep 2005\\]*](/view/html/inforce/2005-09-15/act-2005-040#GS4@EN)\n> \n> > [*\\[Section 3 Amended by No. 40 of 2005, s. 4, Applied:15 Sep 2005\\]*](/view/html/inforce/2005-09-15/act-2005-040#GS4@EN) ***late maternal death*** means the death of a woman more than 42 days but less than one year after the cessation of pregnancy –\n> > \n> > > > (a) resulting from an obstetric cause or another cause aggravated by an obstetric cause; and\n> > > \n> > > > (b) irrespective of the duration of the pregnancy and the location of the foetus within the woman's body;\n> \n> > [*\\[Section 3 Amended by No. 40 of 2005, s. 4, Applied:15 Sep 2005\\]*](/view/html/inforce/2005-09-15/act-2005-040#GS4@EN) ***maternal death*** means the death of a woman while pregnant, or within 42 days after the cessation of pregnancy –\n> > \n> > > > (a) from any cause related to, or aggravated by, the pregnancy or its management; and\n> > > \n> > > > (b) irrespective of the duration of the pregnancy and the location of the foetus within the woman's body;\n> \n> > [*\\[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC1@EN) ***midwife*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;\n> \n> > ***perinatal death*** means –\n> > \n> > > > (a) the death of a viable foetus at any time up to the moment of its complete expulsion or extraction from its mother; and\n> > > \n> > > > (b) the death of a child born alive where the death occurs before the twenty-ninth day after the date of the birth;\n> \n> > ***register*** means the perinatal register or other register maintained by the Council under [section 14](#GS14@EN) ;\n> \n> > ***regulations*** means regulations made and in force under [section 20](#GS20@EN) ;\n> \n> > [*\\[Section 3 Amended by No. 32 of 2010, s. 6, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS6@Hpc@EN) [*\\[Section 3 Amended by No. 27 of 2011, s. 61, Applied:01 Jan 2012\\]*](/view/html/inforce/2012-01-01/act-2011-027#GS61@EN) [*\\[Section 3 Amended by No. 6 of 2025, s. 25, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-006#GS25@EN) ***relevant Minister*** means the Minister administering the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) or the Minister administering the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) , as the case may require;\n> \n> > ***Secretary*** means Secretary of the Department;\n> \n> > ***viable foetus*** means a product of conception –\n> > \n> > > > (a) of at least 20 weeks' gestation or such lesser number of weeks gestation as may be prescribed by the regulations; or\n> > > \n> > > > (b) of a weight of not less than 400 grams or such lesser weight as may be prescribed by the regulations.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Council of Obstetric and Paediatric Mortality and Morbidity","content":"# Part 2 Council of Obstetric and Paediatric Mortality and Morbidity","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"The Council of Obstetric and Paediatric Mortality and Morbidity","content":"### 4 The Council of Obstetric and Paediatric Mortality and Morbidity\n\n> The Council of Obstetric and Paediatric Mortality and Morbidity is established.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Membership of Council","content":"### 5 Membership of Council\n\n> > (1)  *\\[Section 5 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 \\]*The Council consists of not less than 8 and not more than 10 members of whom –\n> > \n> > > > (a) two are to be persons nominated by the Vice-Chancellor of the University of Tasmania; and\n> > > \n> > > > (b) one is to be a person who is –\n> > > > \n> > > > > > (i) employed in the delivery of neonatal services at the Royal Hobart Hospital; and\n> > > > > \n> > > > > > (ii) nominated by the Secretary; and\n> > > \n> > > > (c) one is to be a person who is –\n> > > > \n> > > > > > (i) employed in the Department; and\n> > > > > \n> > > > > > (ii) nominated by the Secretary; and\n> > > \n> > > > (d) [*\\[Section 5 Subsection (1) amended by S.R. 2011, No. 47, Applied:08 Jun 2011\\]*](/view/html/inforce/2011-06-08/sr-2011-047#GS4@Hpa@EN) one is to be a member of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists nominated by the Tasmanian Branch of that College; and\n> > > \n> > > > (e) [*\\[Section 5 Subsection (1) amended by S.R. 2011, No. 47, Applied:08 Jun 2011\\]*](/view/html/inforce/2011-06-08/sr-2011-047#GS4@Hpb@EN) one is to be a member of the Paediatrics and Child Health Division of the Royal Australasian College of Physicians nominated by the Tasmanian State Committee of that Division; and\n> > > \n> > > > (f) one is to be a member of the Royal Australian College of General Practitioners nominated by the Tasmanian Branch of that College; and\n> > > \n> > > > (g) [*\\[Section 5 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC2@EN) one is to be a midwife who is nominated by the Tasmanian Branch of the Australian College of Midwives Incorporated.\n> \n> > (2)  The members of the Council specified in [subsection (1)](#GS5@Gs1@EN) [(a)](#GS5@Gs1@Hpa@EN) to [(g)](#GS5@Gs1@Hpg@EN) (inclusive) are appointed by the Minister.\n> \n> > (3)  In addition to the members of the Council specified in [subsection (1)](#GS5@Gs1@EN) [(a)](#GS5@Gs1@Hpa@EN) to [(g)](#GS5@Gs1@Hpg@EN) (inclusive), the Minister may appoint not more than 2 other members of the Council nominated by a majority of those members.\n> \n> > (4)  The Minister may appoint a member as chairperson of the Council.\n> \n> > (5)  The Minister may require a body or a person holding an office referred to in [subsection (1)](#GS5@Gs1@EN) to nominate one or more persons within a specified period (being a period of not less than 2 months).\n> \n> > (6)  If a body or person fails to comply with a requirement made under [subsection (4)](#GS5@Gs4@EN) , the Minister may appoint a person with the qualifications required by [subsection (1)](#GS5@Gs1@EN) as a member of the Council.\n> \n> > (7)  If a body or an office referred to in [subsection (1)](#GS5@Gs1@EN) has a change of name, the Governor may, by order, amend that subsection by substituting the new name of the body or office.\n> \n> > (8)  If a body or an office referred to in [subsection (1)](#GS5@Gs1@EN) ceases to exist, the Governor may, on the recommendation of the Council, by order, amend that subsection by substituting an office or body which the Governor is satisfied –\n> > \n> > > > (a) is similar to the office that has ceased to exist; or\n> > > \n> > > > (b) substantially represents the interests represented by the body that has ceased to exist.\n> \n> > (9)  [Schedule 1](#JS1@EN) has effect with respect to the membership of the Council.\n> \n> > (10)  [Schedule 2](#JS2@EN) has effect with respect to the meetings of the Council.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Council","content":"### 6 Functions of Council\n\n> The Council has the following functions:\n> \n> > > (a) to investigate the circumstances surrounding, and the conditions that have or may have caused –\n> > > \n> > > > > (i) [*\\[Section 6 Amended by No. 40 of 2005, s. 5, Applied:15 Sep 2005\\]*](/view/html/inforce/2005-09-15/act-2005-040#GS5@Hpa@EN) maternal, late maternal and perinatal deaths in Tasmania; and\n> > > > \n> > > > > (ii) [*\\[Section 6 Amended by No. 40 of 2005, s. 5, Applied:15 Sep 2005\\]*](/view/html/inforce/2005-09-15/act-2005-040#GS5@Hpb@EN) deaths of children in Tasmania in the age group from 29 days to 17 years (inclusive); and\n> > > > \n> > > > > (iii) congenital abnormalities in children born in Tasmania; and\n> > > > \n> > > > > (iv) injuries, illness or defects suffered by pregnant women or viable foetuses in Tasmania at any time before or during childbirth;\n> > \n> > > (b) to maintain a perinatal data collection for the purpose of –\n> > > \n> > > > > (i) collecting, studying, researching and interpreting information relating to deaths referred to in [paragraph (a)](#GS6@Hpa@EN) ; and\n> > > > \n> > > > > (ii) collecting, studying, researching and interpreting information relating to births in Tasmania; and\n> > > > \n> > > > > (iii) identifying and monitoring trends in respect of perinatal health (including congenital abnormalities); and\n> > > > \n> > > > > (iv) providing information to the Secretary on the requirements for, and the planning of, obstetric and neonatal care; and\n> > > > \n> > > > > (v) providing information to persons employed in health care and to researchers; and\n> > > > \n> > > > > (vi) maintaining a register of congenital abnormalities;\n> > \n> > > (c) [*\\[Section 6 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC3@EN) to provide information for the education and instruction in medical theory and practice in obstetrics and paediatrics for medical practitioners, registered nurses, enrolled nurses and midwives;\n> > \n> > > (d) to investigate and report on any other matters relating to obstetric and paediatric mortality and morbidity referred to the Council by the Minister or the Secretary;\n> > \n> > > (da) [*\\[Section 6 Amended by No. 32 of 2010, s. 7, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS7@EN) to investigate and report to the Minister, a relevant Minister or the Secretary of its own motion on any matter relating to obstetric and paediatric mortality and morbidity that it considers necessary;\n> > \n> > > (db) [*\\[Section 6 Amended by No. 32 of 2010, s. 7, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS7@EN) to communicate to the Minister, or a relevant Minister, the Secretary or a prescribed body, information relating to –\n> > > \n> > > > > (i) a child death, maternal death or late maternal death; or\n> > > > \n> > > > > (ii) the morbidity of a child or a woman who is or has been pregnant;\n> > \n> > > (e) to perform any other function imposed by this Act or any other Act or the regulations.","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Information to coroner","content":"### 6A Information to coroner\n\n> [*\\[Section 6A Inserted by No. 32 of 2010, s. 8, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS8@EN)\n> \n> > (1)  The Council may, of its own motion or at the request of a coroner, make recommendations and provide information to a coroner that it considers relevant to a child death, a maternal death or a late maternal death.\n> \n> > (2)  Neither [section 15](#GS15@EN) nor [section 15A](#GS15A@EN) precludes a coroner from admitting as evidence information provided to the coroner under [subsection (1)](#GS6A@Gs1@EN) .","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Powers of Council","content":"### 7 Powers of Council\n\n> The Council has the following powers:\n> \n> > > (a) [*\\[Section 7 Amended by No. 32 of 2010, s. 9, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS9@EN) to require any person to provide any information in that person's control that is relevant to the performance by the Council of its functions;\n> > \n> > > (b) to do all things necessary or convenient in connection with the performance of its functions and the exercise of its powers under this or any other Act.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Delegation","content":"### 8 Delegation\n\n> [*\\[Section 8 Amended by No. 32 of 2010, s. 10, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS10@EN) The Council may, in writing, delegate to a member of the Council or a committee any of its functions or powers other than this power of delegation.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Committees","content":"### 9 Committees\n\n> > (1)  The Council may establish committees to assist it in performing its functions.\n> \n> > (2)  A committee consists of –\n> > \n> > > > (a) such members of the Council as the Council determines; and\n> > > \n> > > > (b) such other persons as the Council determines and are approved by the Minister.\n> \n> > (3)  A committee –\n> > \n> > > > (a) must provide the Council with information and advice on any matter referred to it by the Council; and\n> > > \n> > > > (b) must perform any functions delegated to it by the Council.\n> \n> > (4)  A committee has the same powers as the Council.\n> \n> > (5)  Meetings of a committee are to be held in accordance with any directions given by the Council.\n> \n> > (6)  [Schedule 1](#JS1@EN) , other than [clauses 1](#JS1@GC1@EN) and [7](#JS1@GC7@EN) , applies in relation to members of a committee who are persons referred to in [subsection (2)](#GS9@Gs2@EN) [(b)](#GS9@Gs2@Hpb@EN) as if –\n> > \n> > > > (a) a reference in that Schedule to a member were a reference to a member of the committee; and\n> > > \n> > > > (b) a reference in that Schedule to the Council were a reference to the committee.\n> \n> > (7)  Subject to this section, [Schedule 2](#JS2@EN) applies in relation to the meetings of a committee as if –\n> > \n> > > > (a) a reference in that Schedule to a member were a reference to a member of the committee; and\n> > > \n> > > > (b) a reference in that Schedule to the Council were a reference to the committee.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Staff","content":"### 10 Staff\n\n> For the purposes of enabling the Council to perform its functions –\n> \n> > > (a) the Secretary must make available to the Council the services of such persons employed in the Department as are necessary; and\n> > \n> > > (b) the Council, with the approval of the Secretary, may arrange with the Council of the University of Tasmania for the services of persons employed by the University to be made available to the Council.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Arrangements with other persons","content":"### 11 Arrangements with other persons\n\n> With the approval of the Secretary, the Council may make arrangements and enter into contracts and joint ventures with other persons to facilitate the performance of its functions.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Reports of Council","content":"### 12 Reports of Council\n\n> [*\\[Section 12 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja112@GC1@EN) [*\\[Section 12 Substituted by No. 32 of 2010, s. 11, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS11@EN)\n> \n> > (1)  On or before 31 October in each year, the Council must give the Minister a report on the operations of the Council for the financial year ending on the preceding 30 June.\n> \n> > (2)  The report referred to in [subsection (1)](#GS12@Gs1@EN) may be appended to the annual report of the Department.\n> \n> > (3)  If the report referred to in [subsection (1)](#GS12@Gs1@EN) is not appended to the annual report of the Department, the Minister must cause the report to be laid before each House of Parliament within 10 sitting-days of receiving the report.\n> \n> > (4)  In addition to the report referred to in [subsection (1)](#GS12@Gs1@EN) , the Council may prepare each year a report which contains information and recommendations arising from the performance of the functions and the exercise of the powers of the Council and any committee, including the perinatal data collection maintained by the Council.\n> \n> > (5)  The report referred to in [subsection (4)](#GS12@Gs4@EN) is to be for a 12-month period specified in the report.\n> \n> > (6)  If the Council prepares a report under [subsection (4)](#GS12@Gs4@EN) , it must give a copy to the Minister and the Minister must cause a copy of the report to be laid before each House of Parliament within 10 sitting-days of receiving the report.\n> \n> > (7)  The reports referred to in [subsection (1)](#GS12@Gs1@EN) or [(4)](#GS12@Gs4@EN) must not contain any information which enables the identification of any person in respect of whom information is kept in a register.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Protection of members of Council and staff","content":"### 13 Protection of members of Council and staff\n\n> > (1)  A member of the Council or a committee does not incur any personal liability in respect of any act done, or omitted, in good faith in the performance or exercise, or the purported performance or exercise, of any function or power under this or any other Act.\n> \n> > (2)  An employee does not incur any personal liability in respect of any act done, or omitted, in the course of his or her employment undertaken for the purposes of this Act.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registers","content":"# Part 3 Registers","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Registers","content":"### 14 Registers\n\n> The Council must maintain such perinatal and other registers as it considers appropriate.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Confidentiality and use of information","content":"### 15 Confidentiality and use of information\n\n> [*\\[Section 15 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC4@Hpb@EN) [*\\[Section 15 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC4@Hpa@EN) [*\\[Section 15 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja112@GC2@Hpa@EN) [*\\[Section 15 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja112@GC2@Hpb@EN) [*\\[Section 15 Subsection (6) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2009-054#JS1@Ja16@GC1@EN) [*\\[Section 15 Substituted by No. 32 of 2010, s. 12, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS12@EN)\n> \n> > (1)  A person who is or has been a member of the Council, a member of a committee or an employee must not directly or indirectly –\n> > \n> > > > (a) make a record of, or disclose, publish or communicate to any other person, any information gained by or conveyed to the person as such a member or employee; or\n> > > \n> > > > (b) make use of any such information –\n> > \n> > except to the extent necessary for the performance of the Council's functions or in the exercise of the Council's powers.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (2)  Information referred to in [subsection (1)](#GS15@Gs1@EN) is not admissible in any proceeding before any court, tribunal, board, Agency (within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ) or person.\n> \n> > (3)  The Council, a committee, a member of the Council or a committee or an employee may not be required to disclose or produce the information before any court, tribunal, board, Agency (within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ) or person if –\n> > \n> > > > (a) the information was provided to the Council, a committee, a member of the Council or a committee or an employee under this Act; or\n> > > \n> > > > (b) the information, not being a report referred to in [section 12](#GS12@EN) , was produced by the Council, a committee, a member of the Council or a committee or an employee for the purposes of the performance by the Council of its functions or of facilitating that performance or exercise of the Council's powers.\n> \n> > (4)  Notwithstanding [subsection (1)](#GS15@Gs1@EN) , a person who is a member of the Council, a member of a committee or an employee may disclose information with the approval of the Council –\n> > \n> > > > (a) to a medical practitioner, or a registered nurse, enrolled nurse or midwife, concerned in –\n> > > > \n> > > > > > (i) the care of the pregnant woman and her unborn child; or\n> > > > > \n> > > > > > (ii) the birth of the child; or\n> > > > > \n> > > > > > (iii) the care of the child under the age of 6 months; or\n> > > > > \n> > > > > > (iv) the care of the child born with a congenital abnormality, injury, illness or defect; or\n> > > \n> > > > (b) to a person concerned in research.\n> \n> > (5)  Any information disclosed under [subsection (4)(b)](#GS15@Gs4@Hpb@EN) must not contain information which enables the identification of any person in respect of whom information is kept in a register, except where the person or the person's parent or guardian has consented in writing to that identification.\n> \n> > (6)  A person to whom information is disclosed under [subsection (4)](#GS15@Gs4@EN) and any person or employee under the control of that person is subject in respect of that information to the same rights, privileges, obligations and liabilities under this section as those to which a member of the Council is subject.\n> \n> > (7)  The [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) does not apply in relation to –\n> > \n> > > > (a) any information that was provided to the Council, a committee, a member of the Council or a committee, an employee or a person under this Act; or\n> > > \n> > > > (b) any information that was produced by the Council, a committee, a member of the Council or a committee, an employee or a person.\n> \n> > (8)  This section does not preclude or otherwise prevent a prescribed person, within the meaning of [section 14 of the](/view/html/inforce/2026-04-12/act-1997-028#GS14@EN) [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) , who is a member of the Council or a committee from complying with his or her obligations under [section 14](/view/html/inforce/2026-04-12/act-1997-028#GS14@EN) of that Act.\n> \n> > (9)  If the Council believes, or suspects, on reasonable grounds that an indictable offence has been committed in relation to a child or woman, this section does not preclude or otherwise prevent the Council from reporting that belief or suspicion to the Commissioner of Police.","sortOrder":18},{"sectionNumber":"15A","sectionType":"section","heading":"Restriction on dealing with information","content":"### 15A Restriction on dealing with information\n\n> [*\\[Section 15A Inserted by No. 32 of 2010, s. 12, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS12@EN)\n> \n> > (1)  The Council may, by notice in writing, declare that disclosed information specified in the notice is confidential information.\n> \n> > (2)  For the purposes of [subsection (1)](#GS15A@Gs1@EN)  –\n> > \n> > > ***disclosed information*** means information that is disclosed by the Council, a committee, a member of the Council or a committee or employee in the performance or exercise of the Council's, committee's or that person's functions or powers.\n> \n> > (3)  A person who receives or is in possession of information that has been declared by the Council to be confidential information and any person or employee under the control of the first-mentioned person must not, directly or indirectly –\n> > \n> > > > (a) make a record of, or disclose, publish or communicate to any person, that information; or\n> > > \n> > > > (b) make use of that information –\n> > \n> > except to the extent that it is necessary to perform the obligations of, or carry out the duties of, the office of the person.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (4)  A person who receives or is in possession of information that has been declared by the Council to be confidential information is not required to produce before any court, tribunal, board, Agency (within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ) or person that information or an extract of that information.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Duty of attendant at birth or death, &c., to provide required information","content":"### 16 Duty of attendant at birth or death, &c., to provide required information\n\n> > (1)  In this section –\n> > \n> > > ***attendant*** means –\n> > > \n> > > > > (a) [*\\[Section 16 Subsection (1) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpa@EN) if the birth or death occurs in an establishment, the licensee of the establishment; or\n> > > > \n> > > > > (b) [*\\[Section 16 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997\\]*](/view/html/inforce/1997-07-01/act-1997-013#JS4@Ja14@GC1@Hpa@EN) if the birth or death occurs in a public hospital, the Secretary or, where the Secretary has delegated his or her functions as attendant under this section to another person, that other person; or\n> > > > \n> > > > > (c) [*\\[Section 16 Subsection (1) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpb@EN) if the birth occurs elsewhere than in an establishment or a public hospital –\n> > > > > \n> > > > > > > (i) the midwife or person performing the duties of midwife in attendance on the mother at the time of the birth; or\n> > > > > > \n> > > > > > > (ii) [*\\[Section 16 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC5@Hpa@EN) where there is no midwife or person performing the duties of midwife in attendance on the mother at the time of the birth, the medical practitioner in attendance; or\n> > > > > > \n> > > > > > > (iii) [*\\[Section 16 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC5@Hpb@EN) where there is no midwife, person performing the duties of midwife or medical practitioner in attendance on the mother at the time of the birth –\n> > > > > > > \n> > > > > > > > > (A) [*\\[Section 16 Subsection (1) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpc@EN) if the mother or child is admitted to an establishment or a public hospital because of the birth, the person specified in [paragraph (a)](#GS16@Gs1@Nd11@Hpa@EN) or [(b)](#GS16@Gs1@Nd11@Hpb@EN) ; or\n> > > > > > > > \n> > > > > > > > > (B) [*\\[Section 16 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC5@Hpc@EN) in any other case, the medical practitioner who undertakes the care and treatment of the mother and child because of the birth; or\n> > > > \n> > > > > (d) [*\\[Section 16 Subsection (1) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpd@EN) if the death occurs elsewhere than in an establishment or a public hospital –\n> > > > > \n> > > > > > > (i) [*\\[Section 16 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC5@Hpd@EN) where a medical practitioner was in attendance at the death or examined the body of the deceased, that medical practitioner; or\n> > > > > > \n> > > > > > > (ii) [*\\[Section 16 Subsection (1) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja7@GC1@Hpa@EN) [*\\[Section 16 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC5@Hpe@EN) where a medical practitioner is required to give a certificate in respect of the death under section 35 of the [Births, Deaths and Marriages Registration Act 1999](/view/html/inforce/2026-04-12/act-1999-999) , that medical practitioner; or\n> > > > > > \n> > > > > > > (iii) [*\\[Section 16 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja48@GC5@Hpf@EN) where no medical practitioner is required to give the certificate referred to in [subparagraph (ii)](#GS16@Gs1@Nd11@Hpd@Hqii@EN) , a person in attendance at the death; or\n> > > > > > \n> > > > > > > (iv) [*\\[Section 16 Subsection (1) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja7@GC1@Hpb@EN) in any other case, a person required to give information relating to the death to the Registrar of Births, Deaths and Marriages under the [Births, Deaths and Marriages Registration Act 1999](/view/html/inforce/2026-04-12/act-1999-058) ;\n> > \n> > > [*\\[Section 16 Subsection (1) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpe@EN) ***establishment*** has the same meaning as in the [Health Service Establishments Act 2006](/view/html/inforce/2026-04-12/act-2006-017) ;\n> > \n> > [*\\[Section 16 Subsection (1) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpf@EN) [*\\[Section 16 Subsection (1) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja7@GC1@Hpc@EN)\n> > \n> > > ***required information*** means the information required by the Council as specified in a form provided or approved by the Council.\n> \n> > (2)  An attendant must provide the required information in relation to a birth, maternal death or perinatal death to the Council within 7 days after that birth or death.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (3)  An attendant must not disclose or publish required information to any person except to the extent necessary for the performance of his, her or its functions as attendant and, as the case may be, as –\n> > \n> > > > (a) [*\\[Section 16 Subsection (3) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011\\]*](/view/html/inforce/2011-10-01/act-2006-017#JS3@Ja5@GC1@Hpg@EN) licensee of an establishment; or\n> > > \n> > > > (b) [*\\[Section 16 Subsection (3) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997\\]*](/view/html/inforce/1997-07-01/act-1997-013#JS4@Ja14@GC1@Hpb@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (c) a midwife or person performing the duties of midwife; or\n> > > \n> > > > (d) a legally-qualified medical practitioner.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (4)  [*\\[Section 16 Subsection (4) substituted by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja7@GC1@Hpd@EN) The Registrar of Births, Deaths and Marriages must provide the required information in relation to a maternal death or perinatal death to the Council within 30 days after receiving notification of the event under the [Births, Deaths and Marriages Registration Act 1999](/view/html/inforce/2026-04-12/act-1999-058) .","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Duty to provide information requested by Council","content":"### 17 Duty to provide information requested by Council\n\n> [*\\[Section 17 Amended by No. 32 of 2010, s. 13, Applied:04 Nov 2010\\]*](/view/html/inforce/2010-11-04/act-2010-032#GS13@EN) On receipt of the written request of the Council, a person must provide any information in that person's control that the Council –\n> \n> > > (a) considers may be relevant to the performance of its functions; and\n> > \n> > > (b) has specified in the request.\n> \n> Penalty:  Fine not exceeding 5 penalty units.","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Presumptions","content":"### 18 Presumptions\n\n> In any proceedings, unless evidence is given to the contrary, proof is not required of –\n> \n> > > (a) the constitution of the Council or a committee; or\n> > \n> > > (b) any resolution of the Council or a committee; or\n> > \n> > > (c) the appointment of a member of the Council or a committee; or\n> > \n> > > (d) the presence of a quorum at any meeting of the Council or a committee; or\n> > \n> > > (e) the provision of the services of a person to the Council under [section 10](#GS10@EN) [(a)](#GS10@Hpa@EN) or [(b)](#GS10@Hpb@EN) .","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Service of documents","content":"### 19 Service of documents\n\n> A document may be served on the Council or a committee –\n> \n> > > (a) by leaving it at, or sending it by post to, the address of the Department; or\n> > \n> > > (b) as specified in any form required to be provided under this Act; or\n> > \n> > > (c) as otherwise approved by the Council in writing.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"### 20 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·5 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may authorize any matter to be from time to time determined, applied or regulated by the Council.","sortOrder":25},{"sectionNumber":"21.","sectionType":"section","heading":null,"content":"### 21.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Administration of Act","content":"### 22 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Community and Health Services; and\n> > \n> > > (b) the Department responsible to the Minister for Community and Health Services in relation to the administration of this Act is the Department of Community and Health Services.","sortOrder":27},{"sectionNumber":"SCHEDULE 1 - Members of Counci","sectionType":"part","heading":"SCHEDULE 1 - Members of Council","content":"# SCHEDULE 1 - Members of Counci SCHEDULE 1 - Members of Council\n\n[Section 5](#GS5@EN) [(9)](#GS5@Gs9@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule, ***member*** means member of the Council.\n\n> **2.   **Term of office****\n> \n> > A member holds office for such term, not exceeding 3 years, as is specified in the instrument of appointment.\n\n> **3.   **Holding other office****\n> \n> > The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –\n> > \n> > > > (a) holding that office and also the office of member; or\n> > > \n> > > > (b) accepting any remuneration payable to a member.\n\n> **4.   **Remuneration****\n> \n> > A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister determines.\n\n> **5.   **Conditions of appointment****\n> \n> > A member holds office on such conditions relating to matters not provided for by this Act as are specified in the instrument of appointment.\n\n> **6.    **[State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) inapplicable****\n> \n> > [*\\[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja112@GC3@EN) The [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) does not apply in relation to a member.\n\n> **7.   **Vacation of office****\n> \n> > > (1) A member vacates office if he or she –\n> > > \n> > > > > (a) dies; or\n> > > > \n> > > > > (b) resigns; or\n> > > > \n> > > > > (c) ceases to hold the qualification specified in [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) in respect of which he or she was appointed; or\n> > > > \n> > > > > (d) is removed from office under [subclause (2)](#JS1@GC7@Gc2@EN) .\n> > \n> > > (2) The Minister may remove a member from office if –\n> > > \n> > > > > (a) the Minister is satisfied that the member is unable to perform adequately or competently the functions of office; or\n> > > > \n> > > > > (b) the member has been convicted, in Tasmania or elsewhere, of an offence punishable by imprisonment for 12 months or longer; or\n> > > > \n> > > > > (c) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of his or her remuneration or estate for their benefit; or\n> > > > \n> > > > > (d) the member is absent from 3 consecutive meetings of the Council without the permission of the Council.\n\n> **8.   **Filling of vacancy****\n> \n> > If the office of a member becomes vacant, the Minister may appoint a person with the relevant qualifications specified in [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) to the vacant office for the remainder of that member's term of office.","sortOrder":28},{"sectionNumber":"SCHEDULE 2 - Meetings of Counc","sectionType":"part","heading":"SCHEDULE 2 - Meetings of Council","content":"# SCHEDULE 2 - Meetings of Counc SCHEDULE 2 - Meetings of Council\n\n[Section 5](#GS5@EN) [(10)](#GS5@Gs10@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule –\n> > \n> > > ***meeting*** means meeting of the Council;\n> > \n> > > ***member*** means member of the Council.\n\n> **2.   **Convening of meetings****\n> \n> > > (1) Subject to [subclause (2)](#JS2@GC2@Gc2@EN) , meetings are to be held at the times and places determined by the Council.\n> > \n> > > (2) A meeting may be convened by the chairperson or by any 3 other members.\n\n> **3.   **Presiding at meetings****\n> \n> > > (1) The chairperson of the Council is to preside at all meetings at which he or she is present.\n> > \n> > > (2) If the chairperson of the Council is not present at a meeting, a member elected by the members present at the meeting must preside.\n\n> **4.   **Quorum and voting at meetings****\n> \n> > At a meeting –\n> > \n> > > > (a) the quorum is half the total number of members of the Council; and\n> > > \n> > > > (b) a question is decided by a majority of the votes of the members present and voting; and\n> > > \n> > > > (c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n\n> **5.   **Conduct of meetings****\n> \n> > > (1) Subject to this Act, the Council may regulate the calling of, and the conduct of business at, its meetings as it determines.\n> > \n> > > (2) Without limiting [subclause (1)](#JS2@GC5@Gc1@EN) , the Council may permit members to participate in a particular meeting or all meetings by –\n> > > \n> > > > > (a) telephone; or\n> > > > \n> > > > > (b) closed-circuit television; or\n> > > > \n> > > > > (c) any other means of communication.\n> > \n> > > (3) A member who participates in a meeting under permission granted under [subclause (2)](#JS2@GC5@Gc2@EN) is taken to be present at the meeting.\n> > \n> > > (4) Without limiting [subclause (1)](#JS2@GC5@Gc1@EN) , the Council may allow a person to attend the meeting for the purpose of advising or informing it on any matter.\n\n> **6.   **Resolution without meetings****\n> \n> > > (1) If at least half the total number of members of the Council sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a meeting held on the day on which the last of those members signs the document.\n> > \n> > > (2) If a resolution is taken to have been passed under [subclause (1)](#JS2@GC6@Gc1@EN) , each member is to be, as soon as practicable –\n> > > \n> > > > > (a) advised of the matter; and\n> > > > \n> > > > > (b) given a copy of the terms of the resolution.\n> > \n> > > (3) For the purposes of [subclause (1)](#JS2@GC6@Gc1@EN) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.\n\n> **7.   **Minutes****\n> \n> > The Council is to keep minutes of its proceedings.\n\n> **8.   **Validity of proceedings, &c.****\n> \n> > > (1) Any act or proceeding of the Council or of any person acting under any direction of the Council is not invalidated by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of a member.\n> > \n> > > (2) All acts and proceedings of the Council or of any personacting under any direction of the Council are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Council had been fully constituted.","sortOrder":29}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original focus on reviewing obstetric and paediatric mortality and morbidity in Tasmania. There is no indication from the available text of significant scope expansion or contraction since 1994, though amendments have been made. A full scope assessment would require review of the complete amending instruments."},"complexity_factors":["Involves intersection of health law, privacy/confidentiality obligations, and administrative law","Requires understanding of protected disclosure frameworks common to clinical quality review legislation","Technical medical terminology (obstetric, paediatric, morbidity) embedded in legal obligations","Operates within a broader ecosystem of Tasmanian health legislation and administrative arrangements that affect its interpretation","Has been amended since 1994, meaning current obligations may differ significantly from the original Act — full amendment history not available in this extract","Limited operative text was provided, restricting full complexity assessment"],"plain_english_summary":"This Act creates a Tasmanian system to review and monitor deaths and serious illness in obstetrics (mothers and newborns) and paediatrics (babies and children). It affects patients and families, healthcare providers (doctors, midwives, hospitals) and health authorities by requiring reporting and case review.\n\nIts purpose is quality improvement—identifying patterns and recommending safer practice—not punishment. Collected information is typically legally protected to encourage candid reporting and open review."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1994 scope. Originally focused on obstetric and perinatal mortality, amendments in 2005 added 'late maternal death' (extending the review period to one year post-pregnancy), and amendments in 2010 significantly broadened the Council's functions to include child deaths up to age 18 (not just perinatal), added powers to communicate with multiple Ministers and prescribed bodies, created new information-sharing powers with coroners, and added section 15A creating a secondary layer of confidentiality for 'declared confidential information'. The 2025 amendment further expanded the 'relevant Minister' definition to include the Disability Rights Minister, indicating continued scope creep beyond pure obstetric/paediatric mortality into broader child safeguarding and disability rights frameworks."},"complexity_factors":["Multiple defined terms in section 3 (12+ definitions) including nested definitions for 'attendant' in section 16 with 4 levels of sub-paragraphs","Extensive amendment history visible in text with 10+ amending Acts referenced, creating fragmentation","Cross-references to external legislation including Health Practitioner Regulation National Law, Children Young Persons and Their Families Act 1997, Disability Rights Inclusion and Safeguarding Act 2024, Births Deaths and Marriages Registration Act 1999, and State Service Act 2000","Complex confidentiality regime in sections 15 and 15A with multiple exceptions and nested conditions (e.g., section 15(4) has 4 sub-paragraphs with further sub-sub-paragraphs)","Detailed membership appointment rules in section 5 with 7 mandatory categories plus optional appointments, plus fallback Governor powers if bodies cease to exist","Two schedules providing detailed procedural rules for membership and meetings, including remote participation provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **Council of Obstetric and Paediatric Mortality and Morbidity** — essentially a specialist watchdog and research body that investigates deaths and serious health problems affecting pregnant women, babies, and children in Tasmania.\n\n**Who it affects:**\n\n- **Families** who experience maternal deaths (deaths during pregnancy or up to a year after), stillbirths, newborn deaths, or child deaths up to age 18\n- **Health professionals** — doctors, midwives, nurses, and hospital administrators who must report information to the Council\n- **Hospitals and health facilities** that must provide data about births and deaths\n- **Researchers** who can apply to access (de-identified) data for studies\n\n**Key things the Council does:**\n\n- **Investigates** the circumstances of maternal deaths, late maternal deaths (up to one year post-pregnancy), perinatal deaths (stillbirths and newborn deaths within 28 days), and deaths of children up to age 17\n- **Maintains registers** (databases) of perinatal data and congenital abnormalities\n- **Collects and studies** information to identify health trends and improve care\n- **Reports** to the Minister and can make recommendations to coroners about deaths\n- **Provides education** for medical practitioners, nurses, and midwives\n\n**Strict confidentiality rules:**\n\nThe Act has **very strong privacy protections**. Information held by the Council generally cannot be used in court, disclosed publicly, or obtained under freedom of information laws. There are criminal penalties (fines) for unauthorised disclosure. The only exceptions are:\n- Sharing with health professionals directly involved in a patient's care\n- De-identified data for research (with consent for identified data)\n- Reporting suspected serious crimes to police\n- Child safety notifications (for Council members who are mandatory reporters)\n\n**Why it matters:**\n\nThis law helps Tasmania learn from tragedies. By systematically reviewing maternal and child deaths, the Council can spot patterns, recommend safety improvements, and ultimately prevent future deaths. The strict confidentiality encourages health professionals to be open and honest in reporting, knowing the information won't be used against them in court."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been expanded from a narrower perinatal focus to include broader child deaths, late maternal deaths and congenital abnormalities, and to permit proactive coronial communication and stronger confidentiality controls. Notable scope extensions in the current text include: expanded investigatory remit to child deaths aged 29 days–17 years and congenital abnormalities (s 6(a)(ii),(iii)); explicit definitions for 'maternal' and 'late maternal' death (s 3); new power to provide recommendations/information to coroners (s 6A); and express authority to declare disclosed information confidential (s 15A) plus exclusion from Right to Information (s 15(7)). The Act also strengthens compulsory data collection and short reporting deadlines from attendants and the Registrar (s 16) and broadens the Council's power to require information from any person (s 7, s 17). These changes increase mandatory compliance duties on health practitioners, registrars and institutions, expand executive discretion over appointments and regulations (s 5, s 20), and alter evidentiary access to information (s 15)."},"complexity_factors":["Overlapping confidentiality regime, non‑disclosure rules, criminal/penalty sanctions and explicit exclusion from Right to Information (ss 15, 15A) — creates compliance risk and legal uncertainty about permissible uses and disclosures.","Mandatory, time‑bound reporting duties on 'attendants' and the Registrar with fines (7‑day and 30‑day deadlines) (s 16(2), s 16(4)) — operational burden for hospitals, midwives and registrars.","Broad information‑gathering powers to require any person to produce information and a separate duty to comply with written requests (s 7, s 17) — raises scope of compelled disclosure and potential tensions with other legal obligations.","Council composition, appointment, removal and delegation rules (s 5, Sch 1 cl 7; s 8) concentrate appointment discretion in the Minister while permitting delegation to committees, affecting governance clarity.","Wide functional scope including data collection, research, education, register maintenance and coronial liaison (s 6, s 6A, s 12, s 14) — mixes operational, advisory and investigatory roles.","Regulations and Governor/Minister powers allow differentiated application and council‑delegated determinations (s 20; s 5(6),(8)) — increases administrative discretion and rule‑making complexity.","Key definitions give regulatory flexibility (e.g. 'viable foetus' subject to prescribed thresholds; definitions of 'midwife' and 'relevant Minister') (s 3) — affects who and what falls within the Act.","Legal effect limits: information produced for Council is inadmissible in courts and tribunals (s 15(2),(3)) — impacts evidentiary and legal processes."],"plain_english_summary":"This Act sets up a Council to collect and study perinatal, maternal and paediatric mortality and morbidity in Tasmania, keep registers, investigate deaths and advise ministers and health services. It requires health attendants, hospitals and registrars to provide specified information within tight timeframes, creates confidentiality and non‑disclosure rules with penalties, and allows the Council to communicate relevant material to ministers, prescribed bodies and coroners. It affects hospitals, clinicians, registrars, researchers and government agencies by imposing data‑supply duties, privacy limits and reporting obligations."}},"importantCases":[],"_links":{"self":"/api/acts/obstetric-and-paediatric-mortality-and-morbidity-act-1994","history":"/api/acts/obstetric-and-paediatric-mortality-and-morbidity-act-1994/history","analysis":"/api/acts/obstetric-and-paediatric-mortality-and-morbidity-act-1994/analysis","conflicts":"/api/acts/obstetric-and-paediatric-mortality-and-morbidity-act-1994/conflicts","importantCases":"/api/acts/obstetric-and-paediatric-mortality-and-morbidity-act-1994/important-cases","documents":"/api/acts/obstetric-and-paediatric-mortality-and-morbidity-act-1994/documents"}}