139Quality assurance

139 Quality assurance S. 139(1) amended by Nos 53/1990 s. 21(a), 99/1995 s. 8(1), 26/2014 s. 455(Sch. item 13.2), 39/2022 s. 837(a). (1) The Minister, by notice published in the Government Gazette, may declare that a specified committee, council or other body (whether corporate or unincorporate) established by one or more registered funded agencies, health service establishments, multi purpose services, mental health and wellbeing service providers or professional associations is an approved quality assurance body for the purposes of this Part and, by like notice, may revoke the declaration. (2) The Minister must not approve a committee, council or other body unless he or she is satisfied— S. 139(2)(a) amended by Nos 53/1990 s. 21(b)(i)(ii), 42/1993 s. 21(1), 99/1995 s. 8(2)(a), 26/2014 s. 455(Sch. item 13.3), 39/2022 s. 837(b)(c). (a) that, in the case of a committee, council or body which is not a mental health and wellbeing service provider owned or managed by the Department, it is established under the by‑laws or constitution of one or more registered funded agencies, health service establishments, multi purpose services, mental health and wellbeing service providers or professional associations; and S. 139(2)(b) amended by Nos 53/1990 s. 21(b)(iii), 99/1995 s. 8(2)(b), 26/2014 s. 455(Sch. item 13.4), 39/2022 s. 837(d). (b) that its functions include the assessment and evaluation of the quality of health services provided by the registered funded agencies, health service establishments, multi purpose services, mental health and wellbeing service providers or members of a professional association, including the review of clinical practices or clinical competence of persons providing those services; and (c) that the carrying out of its functions and powers would be facilitated by the provision of certain immunities in respect of proceedings; and (d) that it is in the public interest that persons be prohibited from disclosing information given to it in the course of the carrying out of its functions. S. 139(2A) inserted by No. 53/1990 s. 21(c). (2A) In subsections (1) and (2)— S. 139(2A) def. of *mental health service provider* inserted by No. 26/2014 s. 455(Sch. item 13.5(a)), substituted as *mental health and wellbeing service provider* by No. 39/2022 s. 837(e). ***mental health and wellbeing service provider*** has the same meaning as in section 3(1) of the **Mental Health and Wellbeing Act 2022**; S. 139(2A) def. of *professional association* amended by No. 42/1993 s. 21(2). ***professional association*** means an association, society, college or other body, membership of which consists principally of health care providers, whether or not of a particular class or classes; S. 139(2A) def. of *psychiatric service* repealed by No. 26/2014 s. 455(Sch. item 13.5(b)). S. 139(3) amended by No. 53/1990 s. 21(d)(i)(iii). (3) A person who is or has been a member, officer or employee of a committee, council or other body in respect of which a declaration under subsection (1) has been made must not either directly or indirectly— S. 139(3)(a) amended by No. 53/1990 s. 21(d)(ii). (a) make a record of or divulge or communicate to any person any information gained by or conveyed to that person by reason only of being such a member, officer or employee 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, council or body or of the person as such a member, officer or employee. S. 139(3A) inserted by No. 42/1993 s. 21(3), amended by Nos 2/1994 s. 26, 12/2019 s. 20. (3A) Subsection (3) has effect despite anything to the contrary in section 40 of the **Audit Act 1994**. S. 139(4) amended by No. 53/1990 s. 21(e)(i)(ii). (4) A person who is or has been a member, officer or employee of a committee, council or other body in respect of which a declaration under subsection (1) has been made shall not be required by reason only of being such a member, officer or employee— S. 139(4)(a) amended by No. 53/1990 s. 21(e)(iii). (a) to produce before any court, tribunal, board, agency or person any document in his or her possession or under his or her control by reason only of being such a member, officer or employee while the declaration was in force; or S. 139(4)(b) amended by No. 53/1990 s. 21(e)(iii). (b) to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under his or her notice by reason only of being such a member, officer or employee while the declaration was in force. S. 139(4A) inserted by No. 42/1993 s. 21(4). (4A) Subsections (3) and (4) do not apply to information that does not identify, either expressly or by implication, a particular individual or particular individuals. S. 139(4B) inserted by No. 42/1993 s. 21(4). (4B) Subsection (4) does not apply to a document that does not identify, either expressly or by implication, a particular individual or particular individuals. S. 139(5) amended by No. 53/1990 s. 21(f)(i)(ii). (5) Evidence of any information or document concerning the proceedings or prepared for the purposes of a committee, council or other body at any time when a declaration under this section was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person. S. 139(6) inserted by No. 53/1990 s. 21(g). (6) If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency.