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Hospital and Health Boards Act 2011
sec.113Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
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### sec.113 Giving of copy of RCA report etc.—investigation under the Coroners Act 2003
This section applies if—
a coroner is investigating the death of a person; and
the death is a reportable event that happened while a health service was being provided.
This section also applies if—
a coroner is investigating the death of a person; and
the coroner considers that a reportable event that happened while a health service was being provided to the person may be relevant to the investigation; and
the reportable event is not the death.
If the coroner, or a police officer helping the coroner to investigate the death, asks a commissioning authority for the relevant health service whether an RCA team has conducted or is conducting an RCA of the reportable event, the commissioning authority must respond to the query as soon as practicable.
Maximum penalty—50 penalty units.
Subsection (5) applies if—
an RCA of the reportable event has been conducted by an RCA team; and
an RCA report relating to the event has been given, under section 101 , to the commissioning authority that appointed the RCA team members; and
the commissioning authority has, under subsection (3) , received a query from the coroner or a police officer helping the coroner to investigate the death.
The commissioning authority must—
if the commissioning authority received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or
if the commissioning authority had not received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the report.
Maximum penalty—50 penalty units.
Subsection (7) applies if—
an RCA has been started by an RCA team in relation to the reportable event; and
the RCA team has, under section 102 (3) or 103 (2) or (3) , stopped conducting the RCA; and
the commissioning authority has, under subsection (3) , received a query from the coroner or a police officer helping the coroner to investigate the death.
The commissioning authority must—
if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after receiving the query; or
if the RCA team stops conducting the RCA after the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after the RCA team stops conducting the RCA.
In this section—
stop notice means a written notice stating—
if the RCA team stopped conducting the RCA under section 102 (3) —
that fact; and
the reasons for stopping; or
if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 103 (2) or (3) —
that fact; and
the reasons for giving the direction.
s 113 amd 2014 No. 65 s 31
(sec.113-ssec.1) This section applies if— a coroner is investigating the death of a person; and the death is a reportable event that happened while a health service was being provided.
(sec.113-ssec.2) This section also applies if— a coroner is investigating the death of a person; and the coroner considers that a reportable event that happened while a health service was being provided to the person may be relevant to the investigation; and the reportable event is not the death.
(sec.113-ssec.3) If the coroner, or a police officer helping the coroner to investigate the death, asks a commissioning authority for the relevant health service whether an RCA team has conducted or is conducting an RCA of the reportable event, the commissioning authority must respond to the query as soon as practicable. Maximum penalty—50 penalty units.
(sec.113-ssec.4) Subsection (5) applies if— an RCA of the reportable event has been conducted by an RCA team; and an RCA report relating to the event has been given, under section 101 , to the commissioning authority that appointed the RCA team members; and the commissioning authority has, under subsection (3) , received a query from the coroner or a police officer helping the coroner to investigate the death.
(sec.113-ssec.5) The commissioning authority must— if the commissioning authority received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or if the commissioning authority had not received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the report. Maximum penalty—50 penalty units.
(sec.113-ssec.6) Subsection (7) applies if— an RCA has been started by an RCA team in relation to the reportable event; and the RCA team has, under section 102 (3) or 103 (2) or (3) , stopped conducting the RCA; and the commissioning authority has, under subsection (3) , received a query from the coroner or a police officer helping the coroner to investigate the death.
(sec.113-ssec.7) The commissioning authority must— if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after receiving the query; or if the RCA team stops conducting the RCA after the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after the RCA team stops conducting the RCA.
(sec.113-ssec.8) In this section— stop notice means a written notice stating— if the RCA team stopped conducting the RCA under section 102 (3) — that fact; and the reasons for stopping; or if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 103 (2) or (3) — that fact; and the reasons for giving the direction.
- (a) a coroner is investigating the death of a person; and
- (b) the death is a reportable event that happened while a health service was being provided.
- (a) a coroner is investigating the death of a person; and
- (b) the coroner considers that a reportable event that happened while a health service was being provided to the person may be relevant to the investigation; and
- (c) the reportable event is not the death.
- (a) an RCA of the reportable event has been conducted by an RCA team; and
- (b) an RCA report relating to the event has been given, under section 101 , to the commissioning authority that appointed the RCA team members; and
- (c) the commissioning authority has, under subsection (3) , received a query from the coroner or a police officer helping the coroner to investigate the death.
- (a) if the commissioning authority received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the query; or
- (b) if the commissioning authority had not received the report before receiving the query under subsection (3) —give a copy of the report to the coroner or police officer as soon as practicable after receiving the report.
- (a) an RCA has been started by an RCA team in relation to the reportable event; and
- (b) the RCA team has, under section 102 (3) or 103 (2) or (3) , stopped conducting the RCA; and
- (c) the commissioning authority has, under subsection (3) , received a query from the coroner or a police officer helping the coroner to investigate the death.
- (a) if the RCA team stopped conducting the RCA before the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after receiving the query; or
- (b) if the RCA team stops conducting the RCA after the commissioning authority received the query under subsection (3) —give the coroner or police officer a stop notice as soon as practicable after the RCA team stops conducting the RCA.
- (a) if the RCA team stopped conducting the RCA under section 102 (3) — (i) that fact; and (ii) the reasons for stopping; or
- (i) that fact; and
- (ii) the reasons for stopping; or
- (b) if the RCA team stopped conducting the RCA because of a direction given by the commissioning authority under section 103 (2) or (3) — (i) that fact; and (ii) the reasons for giving the direction.
- (i) that fact; and
- (ii) the reasons for giving the direction.
- (i) that fact; and
- (ii) the reasons for stopping; or
- (i) that fact; and
- (ii) the reasons for giving the direction.