Part 18Interagency practice review panels

Part 18—Interagency practice review panels 205—Interpretation In this Part— adverse incident means— (a) the death of a child or young person if 1 or more of the following applies in relation to the child or young person and their death: (i) the child or young person was in the custody, or under the guardianship, of the Chief Executive; (ii) the child or young person was the subject of a report under section 76(1), or a corresponding notification under a repealed Act, within the period of 1 year before their death; (iii) the child or young person was the subject of a decision by the Chief Executive under this Act or a repealed Act within the period of 1 year before their death; (iv) the child was less than 1 year old at the time of their death and, before the child was born, the child was the subject of an unborn child report under section 76, or a corresponding report under a repealed Act; (v) any other circumstances prescribed by the regulations; or (b) any other incident of a kind prescribed by the regulations, but does not include an incident occurring in circumstances prescribed by the regulations to be excluded from the ambit of this definition. 206—Purpose of reviews under Part The purpose of a review of an adverse incident under this Part is to— (a) identify actions, issues or events that contributed to, or may have contributed to, the adverse incident; and (b) make recommendations for measures that may be taken to prevent the recurrence of a similar adverse incident; and (c) facilitate ongoing learning and improvement in the provision of services to children and young people; and (d) support collaboration and joint learning by State authorities and other service providers. 207—Interagency practice review panels (1) Subject to this section, the Chief Executive may, as soon as is reasonably practicable after becoming aware of an adverse incident and in accordance with any requirements set out in the regulations, appoint a panel of persons (an interagency practice review panel) to review and report on the adverse incident in accordance with this Part. (2) An interagency practice review panel may be constituted of such persons (whether employees of the Department or otherwise) as the Chief Executive considers appropriate, having regard to the circumstances of the adverse incident and any requirements set out in the regulations. (3) To avoid doubt, an interagency practice review panel may be constituted wholly or partly of representatives from State authorities or service providers other than the Department. 208—Review of adverse incident by interagency practice review panel (1) The Chief Executive must, in accordance with any requirements set out in the regulations, develop terms of reference in respect of the review of an adverse incident under this Part. (2) Subject to this section, an interagency practice review panel reviewing an adverse incident must address the matters set out in the terms of reference (and may, if the terms of reference permit, inquire into such other matters as may be specified by the Chief Executive). (3) An interagency practice review panel must not make a finding about civil or criminal liability. (4) Subject to this Act and any directions of the Chief Executive, an interagency practice review panel may determine its own procedures. 209—Reports (1) An interagency practice review panel must, at the completion of a review of an adverse incident under this Part, prepare 2 reports as follows: (a) a first report that contains— (i) a description of the adverse incident, based on facts that, in the opinion of the interagency practice review panel, are known independently of its investigation; and (ii) the recommendations of the interagency practice review panel as to the need for changes or improvements in relation to a procedure or practice associated with the incident; (b) a second report that contains 1 or more of the following elements, as the interagency practice review panel thinks fit: (i) a description of the adverse incident; (ii) a description of any processes that, in the opinion of the interagency practice review panel, caused or contributed to the adverse incident; (iii) the recommendations of the interagency practice review panel; (iv) any other information considered relevant by the interagency practice review panel. (2) The report under subsection (1)(a) may be released publicly. (3) The report under subsection (1)(b) may only be released by the interagency practice review panel to the following persons: (a) the Minister; (b) the Chief Executive; (c) a person who provided expert, technical, administrative or secretarial assistance to a member of the interagency practice review panel; (d) any other person, or person of a class, prescribed by the regulations. 210—Protection of information (a) a person who is, or has been, a member of an interagency practice review panel; or (b) a person— (i) who provides, or has provided, expert, technical, administrative or secretarial assistance to an interagency practice review panel; or (ii) who acts, or has acted, for the purposes of receiving or gathering information on behalf of an interagency practice review panel. (2) A person to whom this section applies must not make a record of, or use or disclose, information obtained by or in relation to an interagency practice review panel except— (a) to the extent necessary for the proper performance of the activities of the interagency practice review panel; or (b) as may be required or authorised for the purposes of reporting under this Act; or (c) in accordance with the regulations. Maximum penalty: $60 000. (3) The Minister, the Chief Executive, a person to whom this section applies or any other person or body prescribed by the regulations, cannot be required to produce or disclose to a court, agency or other person or body any report, document or information prepared or obtained in relation to an interagency practice review panel. (4) However, subsections (2) and (3) do not apply to— (a) information contained in a report of an interagency practice review panel that may be released publicly; and (b) any information or document (other than a report under section 209(1)(b)) that does not identify, either expressly or by implication, a specified person or persons. 211—Application of Freedom of Information Act 1991 For the purposes of the Freedom of Information Act 1991— (a) an interagency practice review panel will be taken to be an exempt agency within the meaning of that Act; and (b) a report prepared by an interagency practice review panel under section 209(1)(b) will be taken to be an exempt document within the meaning of that Act.