4Quality assurance committees

4 Quality assurance committees

(1)  The Minister, by notice published in the Gazette, may declare that a specified committee established by the Secretary of the Department, the governing body of a health service establishment or a professional association is an approved quality assurance committee for the purposes of this Act and, by like notice, may revoke the declaration.

(2)  The Minister is not to make a declaration under subsection (1) unless satisfied –

(a) that the committee is established by the Secretary of the Department, by the governing body of a health service establishment or by a professional association; and

(b) that the committee's functions include the assessment and evaluation of the quality of health services provided by the State, a health service establishment or by members of a professional association including the review of the clinical practices or clinical competence of persons providing those services; and

(c) that the carrying out of the committee's functions and powers would be facilitated by the provision of immunities afforded by this section in respect of its proceedings; and

(d) that it is in the public interest that persons be prohibited from disclosing information given to the committee in the course of the performance of its functions.

(3)  A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made must not either directly or indirectly –

(a) make a record of, or divulge or communicate to any person, any information gained by or conveyed to that person as such a member while the declaration was in force; or

(b) make use of any such information –

except to the extent necessary for the performance of the functions of that committee or of the person as such a member.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made is not required –

(a) to produce before any court, tribunal, board, agency or person any document in the person's possession or under the person's control as such a member while the declaration was in force; or