QLDIn ForceAct
Ambulance Service Act 1991
sec.36QGiving of copy of RCA report etc.—investigation under the Coroners Act 2003
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### sec.36Q Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
This section applies if—
a coroner is investigating the death of a person; and
the death is a reportable event that happened while an ambulance service was being provided to the person.
This section also applies if—
a coroner is investigating the death of a person; and
the coroner considers that a reportable event that happened while an ambulance service was being provided to the person may be relevant to the investigation; and
the event is not the death.
If the coroner, or a police officer helping the coroner to investigate the death, asks the commissioning authority whether an RCA team has conducted or is conducting an RCA of the reportable event, the commissioning authority must respond to the query as soon as practicable.
Maximum penalty—50 penalty units.
Subsection (5) applies if—
an RCA of the reportable event has been conducted by an RCA team; and
an RCA report relating to the event has been given under section 36H to the commissioning authority; and
the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.
The commissioning authority must—
if the commissioning authority received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or
if the commissioning authority had not received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the report.
Maximum penalty—50 penalty units.
Subsection (7) applies if—
an RCA has been started by an RCA team in relation to the reportable event; and
the RCA team has, under section 36J (3) or 36K (2) or (3) , stopped conducting the RCA; and
the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.
The commissioning authority must—
if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after receiving the query; or
otherwise—give the coroner or police officer a stop notice as soon as practicable.
In this section—
stop notice means a notice stating—
if the RCA team stopped conducting the RCA under section 36J (3) —
that fact; and
the reasons for stopping; or
if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 36K (2) or (3) —
that fact; and
the reasons for giving the direction.
s 36Q ins 2007 No. 28 s 50
amd 2014 No. 65 s 13
(sec.36Q-ssec.1) This section applies if— a coroner is investigating the death of a person; and the death is a reportable event that happened while an ambulance service was being provided to the person.
(sec.36Q-ssec.2) This section also applies if— a coroner is investigating the death of a person; and the coroner considers that a reportable event that happened while an ambulance service was being provided to the person may be relevant to the investigation; and the event is not the death.
(sec.36Q-ssec.3) If the coroner, or a police officer helping the coroner to investigate the death, asks the commissioning authority whether an RCA team has conducted or is conducting an RCA of the reportable event, the commissioning authority must respond to the query as soon as practicable. Maximum penalty—50 penalty units.
(sec.36Q-ssec.4) Subsection (5) applies if— an RCA of the reportable event has been conducted by an RCA team; and an RCA report relating to the event has been given under section 36H to the commissioning authority; and the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.
(sec.36Q-ssec.5) The commissioning authority must— if the commissioning authority received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or if the commissioning authority had not received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the report. Maximum penalty—50 penalty units.
(sec.36Q-ssec.6) Subsection (7) applies if— an RCA has been started by an RCA team in relation to the reportable event; and the RCA team has, under section 36J (3) or 36K (2) or (3) , stopped conducting the RCA; and the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.
(sec.36Q-ssec.7) The commissioning authority must— if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after receiving the query; or otherwise—give the coroner or police officer a stop notice as soon as practicable.
(sec.36Q-ssec.8) In this section— stop notice means a notice stating— if the RCA team stopped conducting the RCA under section 36J (3) — that fact; and the reasons for stopping; or if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 36K (2) or (3) — that fact; and the reasons for giving the direction.
- (a) a coroner is investigating the death of a person; and
- (b) the death is a reportable event that happened while an ambulance service was being provided to the person.
- (a) a coroner is investigating the death of a person; and
- (b) the coroner considers that a reportable event that happened while an ambulance service was being provided to the person may be relevant to the investigation; and
- (c) the event is not the death.
- (a) an RCA of the reportable event has been conducted by an RCA team; and
- (b) an RCA report relating to the event has been given under section 36H to the commissioning authority; and
- (c) the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.
- (a) if the commissioning authority received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or
- (b) if the commissioning authority had not received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the report.
- (a) an RCA has been started by an RCA team in relation to the reportable event; and
- (b) the RCA team has, under section 36J (3) or 36K (2) or (3) , stopped conducting the RCA; and
- (c) the commissioning authority has under subsection (3) received a query from the coroner or a police officer helping the coroner to investigate the death.
- (a) if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after receiving the query; or
- (b) otherwise—give the coroner or police officer a stop notice as soon as practicable.
- (a) if the RCA team stopped conducting the RCA under section 36J (3) — (i) that fact; and (ii) the reasons for stopping; or
- (i) that fact; and
- (ii) the reasons for stopping; or
- (b) if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 36K (2) or (3) — (i) that fact; and (ii) the reasons for giving the direction.
- (i) that fact; and
- (ii) the reasons for giving the direction.
- (i) that fact; and
- (ii) the reasons for stopping; or
- (i) that fact; and
- (ii) the reasons for giving the direction.