sec.103Stopping conduct of RCA of reportable event—commissioning authority

### sec.103 Stopping conduct of RCA of reportable event—commissioning authority This section applies if— persons have been appointed to be members of an RCA team to conduct an RCA of a reportable event; and the commissioning authority that appointed the RCA team members— receives information, other than in a notice under section 102 (3) (b) , that leads the commissioning authority to reasonably believe— the event involves a blameworthy act; or the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or later comes to the view that the event the basis of the appointment is not a reportable event. If subsection (1) (b) (i) or (iii) applies, the commissioning authority must, by written notice given to the RCA team, direct it to stop conducting the RCA. If subsection (1) (b) (ii) applies, the commissioning authority may, by written notice given to the RCA team, direct it to stop conducting the RCA. For subsection (2) or (3) , the notice given to the RCA team must be in the approved form. Before acting under subsection (3) , the commissioning authority may consult with any relevant entity. In this section— relevant entity means— the health ombudsman; or a coroner; or a board established under the Health Practitioner Regulation National Law ; or the commissioner of the police service; or another entity that has the power under an Act of the State, the Commonwealth or another State to deal with the event. s 103 amd 2013 No. 13 s 93 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 65 s 27 (sec.103-ssec.1) This section applies if— persons have been appointed to be members of an RCA team to conduct an RCA of a reportable event; and the commissioning authority that appointed the RCA team members— receives information, other than in a notice under section 102 (3) (b) , that leads the commissioning authority to reasonably believe— the event involves a blameworthy act; or the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or later comes to the view that the event the basis of the appointment is not a reportable event. (sec.103-ssec.2) If subsection (1) (b) (i) or (iii) applies, the commissioning authority must, by written notice given to the RCA team, direct it to stop conducting the RCA. (sec.103-ssec.3) If subsection (1) (b) (ii) applies, the commissioning authority may, by written notice given to the RCA team, direct it to stop conducting the RCA. (sec.103-ssec.4) For subsection (2) or (3) , the notice given to the RCA team must be in the approved form. (sec.103-ssec.5) Before acting under subsection (3) , the commissioning authority may consult with any relevant entity. (sec.103-ssec.6) In this section— relevant entity means— the health ombudsman; or a coroner; or a board established under the Health Practitioner Regulation National Law ; or the commissioner of the police service; or another entity that has the power under an Act of the State, the Commonwealth or another State to deal with the event. - (a) persons have been appointed to be members of an RCA team to conduct an RCA of a reportable event; and - (b) the commissioning authority that appointed the RCA team members— (i) receives information, other than in a notice under section 102 (3) (b) , that leads the commissioning authority to reasonably believe— (A) the event involves a blameworthy act; or (B) the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or (iii) later comes to the view that the event the basis of the appointment is not a reportable event. - (i) receives information, other than in a notice under section 102 (3) (b) , that leads the commissioning authority to reasonably believe— (A) the event involves a blameworthy act; or (B) the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (A) the event involves a blameworthy act; or - (B) the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or - (iii) later comes to the view that the event the basis of the appointment is not a reportable event. - (i) receives information, other than in a notice under section 102 (3) (b) , that leads the commissioning authority to reasonably believe— (A) the event involves a blameworthy act; or (B) the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (A) the event involves a blameworthy act; or - (B) the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (ii) becomes aware that a relevant entity has started an investigation or assessment of, or enquiry into, the event; or - (iii) later comes to the view that the event the basis of the appointment is not a reportable event. - (A) the event involves a blameworthy act; or - (B) the capacity of a person who was directly involved in providing the relevant health service to safely and effectively provide the service was impaired by alcohol consumed, or a drug taken, by the person; or - (a) the health ombudsman; or - (b) a coroner; or - (c) a board established under the Health Practitioner Regulation National Law ; or - (d) the commissioner of the police service; or - (e) another entity that has the power under an Act of the State, the Commonwealth or another State to deal with the event.