sec.119Protection for documents and information

### sec.119 Protection for documents and information This section applies to— an RCA report or other document created by or for an RCA team; or information contained in an RCA report or other document created by or for an RCA team; or information acquired by the following persons as— a member of an RCA team; a relevant person for an RCA team; a commissioning authority; a relevant person for a commissioning authority. The document or information— can not be accessed under any order, whether of a judicial or administrative nature; and is not admissible in any proceeding, other than a proceeding for an offence under this division. A person must not, and can not be compelled to, produce the document or information, or give evidence relating to the document or information— in any proceeding, other than a proceeding for an offence under this division; or in compliance with a requirement under an Act or legal process. However, a copy of an RCA report given to a coroner under section 113 may be admitted in evidence by a coroner in an inquest under the Coroners Act 2003 into the death of a person— if section 113 (1) applies—if the reportable event is the death; or if section 113 (2) applies—if the reportable event happened while a health service was being provided to the person. In this section— order includes a direction or other process. proceeding includes— a civil proceeding; or a criminal proceeding; or a proceeding under the Health Practitioner Regulation National Law . s 119 amd 2012 No. 9 s 36 ; 2013 No. 13 s 94 ; 2014 No. 65 s 33 (sec.119-ssec.1) This section applies to— an RCA report or other document created by or for an RCA team; or information contained in an RCA report or other document created by or for an RCA team; or information acquired by the following persons as— a member of an RCA team; a relevant person for an RCA team; a commissioning authority; a relevant person for a commissioning authority. (sec.119-ssec.2) The document or information— can not be accessed under any order, whether of a judicial or administrative nature; and is not admissible in any proceeding, other than a proceeding for an offence under this division. (sec.119-ssec.3) A person must not, and can not be compelled to, produce the document or information, or give evidence relating to the document or information— in any proceeding, other than a proceeding for an offence under this division; or in compliance with a requirement under an Act or legal process. (sec.119-ssec.4) However, a copy of an RCA report given to a coroner under section 113 may be admitted in evidence by a coroner in an inquest under the Coroners Act 2003 into the death of a person— if section 113 (1) applies—if the reportable event is the death; or if section 113 (2) applies—if the reportable event happened while a health service was being provided to the person. (sec.119-ssec.5) In this section— order includes a direction or other process. proceeding includes— a civil proceeding; or a criminal proceeding; or a proceeding under the Health Practitioner Regulation National Law . - (a) an RCA report or other document created by or for an RCA team; or - (b) information contained in an RCA report or other document created by or for an RCA team; or - (c) information acquired by the following persons as— (i) a member of an RCA team; (ii) a relevant person for an RCA team; (iii) a commissioning authority; (iv) a relevant person for a commissioning authority. - (i) a member of an RCA team; - (ii) a relevant person for an RCA team; - (iii) a commissioning authority; - (iv) a relevant person for a commissioning authority. - (i) a member of an RCA team; - (ii) a relevant person for an RCA team; - (iii) a commissioning authority; - (iv) a relevant person for a commissioning authority. - (a) can not be accessed under any order, whether of a judicial or administrative nature; and - (b) is not admissible in any proceeding, other than a proceeding for an offence under this division. - (a) in any proceeding, other than a proceeding for an offence under this division; or - (b) in compliance with a requirement under an Act or legal process. - (a) if section 113 (1) applies—if the reportable event is the death; or - (b) if section 113 (2) applies—if the reportable event happened while a health service was being provided to the person. - (a) a civil proceeding; or - (b) a criminal proceeding; or - (c) a proceeding under the Health Practitioner Regulation National Law .