VICIn ForceAct
Health Services Act 1988
128JConfidentiality of documents
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128J Confidentiality of documents
(1) A person must not, and cannot, be required to produce before any court or tribunal or any board, agency or other person any document in the person's possession or under the person's control that is the original or a copy of a document that was—
(a) created for the sole purpose of providing information in the course of conducting a protected quality and safety review; and
(b) produced or provided in the course of conducting a protected quality and safety review by or on behalf of that person.
(2) Except in the case of information or reports published by the Secretary, the following is not admissible in any action or proceedings before any court or tribunal or any board, agency or other person—
(a) evidence of any other information or reports obtained by or in the possession of the Chief Quality and Safety Officer or authorised quality and safety officers in the course of conducting a protected quality and safety review;
(b) evidence of or about a document to which subsection (1) applies;
(c) a report or summary of a report provided to a person under section 128G(2).
(3) The **Freedom of Information Act 1982** does not apply to a document or any information referred to in subsection (1) or (2).
(4) Part 5 and HPP 6 of the **Health Records Act 2001** do not apply to a document or any information referred to in subsection (1) or (2).
S. 128K inserted by No. 4/2022 s. 5.