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Hospital and Health Boards Act 2011
sec.105Disclosure of information—RCA team member or relevant person
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### sec.105 Disclosure of information—RCA team member or relevant person
A person who is or was a member of an RCA team must not disclose to someone else information acquired by the person as a member of the RCA team, other than for the purpose (an authorised purpose ) of—
the RCA team conducting an RCA of a reportable event; or
the RCA team preparing an RCA report or safety and quality report; or
the RCA team giving the commissioning authority that appointed the RCA team members—
an RCA report under section 101 ; or
a notice under section 102 ; or
a safety and quality report under section 106 ; or
the RCA team complying with a requirement of an inspector made of the RCA team under this Act, if the requirement relates to an offence under this division; or
if the person is a registered health practitioner—notifying the health ombudsman about information in relation to a reasonable belief of the person that another registered health practitioner has behaved in a way that constitutes public risk notifiable conduct.
Maximum penalty—100 penalty units.
Also, a person who is or was a relevant person for an RCA team must not disclose to someone else information acquired by the person as a relevant person for the RCA team, other than for an authorised purpose.
Maximum penalty—100 penalty units.
In this section—
information includes—
the identity of a member of the RCA team; and
information from which a member of the RCA team could be identified.
s 105 amd 2014 No. 65 s 28
(sec.105-ssec.1) A person who is or was a member of an RCA team must not disclose to someone else information acquired by the person as a member of the RCA team, other than for the purpose (an authorised purpose ) of— the RCA team conducting an RCA of a reportable event; or the RCA team preparing an RCA report or safety and quality report; or the RCA team giving the commissioning authority that appointed the RCA team members— an RCA report under section 101 ; or a notice under section 102 ; or a safety and quality report under section 106 ; or the RCA team complying with a requirement of an inspector made of the RCA team under this Act, if the requirement relates to an offence under this division; or if the person is a registered health practitioner—notifying the health ombudsman about information in relation to a reasonable belief of the person that another registered health practitioner has behaved in a way that constitutes public risk notifiable conduct. Maximum penalty—100 penalty units.
(sec.105-ssec.2) Also, a person who is or was a relevant person for an RCA team must not disclose to someone else information acquired by the person as a relevant person for the RCA team, other than for an authorised purpose. Maximum penalty—100 penalty units.
(sec.105-ssec.3) In this section— information includes— the identity of a member of the RCA team; and information from which a member of the RCA team could be identified.
- (a) the RCA team conducting an RCA of a reportable event; or
- (b) the RCA team preparing an RCA report or safety and quality report; or
- (c) the RCA team giving the commissioning authority that appointed the RCA team members— (i) an RCA report under section 101 ; or (ii) a notice under section 102 ; or (iii) a safety and quality report under section 106 ; or
- (i) an RCA report under section 101 ; or
- (ii) a notice under section 102 ; or
- (iii) a safety and quality report under section 106 ; or
- (d) the RCA team complying with a requirement of an inspector made of the RCA team under this Act, if the requirement relates to an offence under this division; or
- (e) if the person is a registered health practitioner—notifying the health ombudsman about information in relation to a reasonable belief of the person that another registered health practitioner has behaved in a way that constitutes public risk notifiable conduct.
- (i) an RCA report under section 101 ; or
- (ii) a notice under section 102 ; or
- (iii) a safety and quality report under section 106 ; or
- (a) the identity of a member of the RCA team; and
- (b) information from which a member of the RCA team could be identified.