128IConfidentiality obligations applying in respect of information from protected quality and safety review

128I Confidentiality obligations applying in respect of information from protected quality and safety review (1) This section applies to the following persons— (a) a person who is, or has been, the Chief Quality and Safety Officer; (b) a person who is, or has been, appointed as an authorised quality and safety officer. (2) Subject to subsection (3), a person to whom this section applies must not, other than in the performance of the functions under this Act relating to a protected quality and safety review— (a) directly or indirectly make a record of, or divulge or communicate to any person, any information gained by or conveyed to the person by reason of the conducting of a protected quality and safety review that may identify a health service entity or any other person; or (b) make use of the information for any purpose. Penalty: 10 penalty units. (3) Nothing in this section prevents the Chief Quality and Safety Officer from using or disclosing information gained or conveyed by reason of conducting a protected quality and safety review— (a) if the Chief Quality and Safety Officer is satisfied that the use or disclosure is necessary to prevent serious harm to a person's health or safety; or (b) with the written authority of the Secretary, if the Secretary is satisfied that the disclosure is in the public interest; or (c) in accordance with section 128G; or (d) in the prescribed circumstances (if any). (4) Subsection (2) has effect despite anything to the contrary in section 40 of the **Audit Act 1994**. (5) A person to whom this section applies must not be required— (a) to produce before any court or tribunal or any board, agency or other person any document that has come into the person's possession or under the person's control in the performance of the functions under this Act relating to a protected quality and safety review; or (b) to divulge or communicate to any court or tribunal or any board, agency or other person any matter or thing that has come under the person's notice in the performance of the functions under this Act relating to a protected quality and safety review. (6) The **Freedom of Information Act 1982** does not apply to a document or any information referred to in subsection (5). (7) Part 5 and HPP 6 of the **Health Records Act 2001** do not apply to a document or any information referred to in subsection (5). (8) Nothing in this section prevents a person to whom this section applies from including de‑identified information in any document. (9) In this section— ***de-identified***, in relation to information, means information that no longer relates to— (a) an identifiable individual or an individual who can be reasonably identified; or (b) an identifiable health service entity from which or in relation to which the information was obtained. S. 128J inserted by No. 4/2022 s. 5.