sec.36KStopping conduct of RCA of reportable event—commissioning authority

### sec.36K Stopping conduct of RCA of reportable event—commissioning authority This section applies if— the commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and the commissioning authority— receives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe— the event involves a blameworthy act; or the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or later comes to the view that the event the basis of the appointment is not a reportable event. If subsection (1) (b) (i) or (iii) applies, the commissioning authority must, by notice given to the RCA team, direct it to stop conducting the RCA. If subsection (1) (b) (ii) applies, the commissioning authority may, by notice given to the RCA team, direct it to stop conducting the RCA. For subsection (2) or (3) , the notice given to the RCA team must be in the form approved by the chief executive. Before acting under subsection (3) , the commissioning authority may consult with any relevant entity. In this section— relevant ambulance service means the ambulance service during the provision of which the reportable event happened. relevant entity means— the health ombudsman; or a coroner; or a board under the Health Practitioner Regulation National Law ; or the commissioner of the police service; or another entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event. s 36K ins 2007 No. 28 s 50 amd 2010 No. 14 s 3 sch ; 2013 No. 13 s 4 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 65 s 8 (sec.36K-ssec.1) This section applies if— the commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and the commissioning authority— receives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe— the event involves a blameworthy act; or the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or later comes to the view that the event the basis of the appointment is not a reportable event. (sec.36K-ssec.2) If subsection (1) (b) (i) or (iii) applies, the commissioning authority must, by notice given to the RCA team, direct it to stop conducting the RCA. (sec.36K-ssec.3) If subsection (1) (b) (ii) applies, the commissioning authority may, by notice given to the RCA team, direct it to stop conducting the RCA. (sec.36K-ssec.4) For subsection (2) or (3) , the notice given to the RCA team must be in the form approved by the chief executive. (sec.36K-ssec.5) Before acting under subsection (3) , the commissioning authority may consult with any relevant entity. (sec.36K-ssec.6) In this section— relevant ambulance service means the ambulance service during the provision of which the reportable event happened. relevant entity means— the health ombudsman; or a coroner; or a board under the Health Practitioner Regulation National Law ; or the commissioner of the police service; or another entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event. - (a) the commissioning authority has appointed persons to be members of an RCA team to conduct an RCA of a reportable event; and - (b) the commissioning authority— (i) receives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe— (A) the event involves a blameworthy act; or (B) the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or (iii) later comes to the view that the event the basis of the appointment is not a reportable event. - (i) receives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe— (A) the event involves a blameworthy act; or (B) the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (A) the event involves a blameworthy act; or - (B) the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or - (iii) later comes to the view that the event the basis of the appointment is not a reportable event. - (i) receives information, other than in a notice under section 36J (3) (b) , that leads the commissioning authority to reasonably believe— (A) the event involves a blameworthy act; or (B) the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (A) the event involves a blameworthy act; or - (B) the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or - (iii) later comes to the view that the event the basis of the appointment is not a reportable event. - (A) the event involves a blameworthy act; or - (B) the capacity of a person who was directly involved in providing the relevant ambulance service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (a) the health ombudsman; or - (b) a coroner; or - (c) a board under the Health Practitioner Regulation National Law ; or - (d) the commissioner of the police service; or - (e) another entity that has the power under an Act of the State, the Commonwealth or another State to investigate the event.