QLDIn ForceAct
Hospital and Health Boards Act 2011
sec.138Protection for reports
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### sec.138 Protection for reports
This section applies to a report prepared as a result of a clinical review, other than as a result of a review undertaken to provide clinical advice to a health service investigator.
The report—
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 report, or give evidence relating to the report—
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.
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 138 amd 2012 No. 9 s 38 ; 2013 No. 13 s 95
(sec.138-ssec.1) This section applies to a report prepared as a result of a clinical review, other than as a result of a review undertaken to provide clinical advice to a health service investigator.
(sec.138-ssec.2) The report— 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.138-ssec.3) A person must not, and can not be compelled to, produce the report, or give evidence relating to the report— 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.138-ssec.4) 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) 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) a civil proceeding; or
- (b) a criminal proceeding; or
- (c) a proceeding under the Health Practitioner Regulation National Law .