sec.85ADisclosure to prevent serious risk of harm

### sec.85A Disclosure to prevent serious risk of harm This section applies if a committee forms a reasonable belief that a health professional, in the practice of the health professional’s profession, poses a serious risk of harm to a person because of the health professional’s health, conduct or performance. The committee must disclose to the health professional’s chief executive— the information that forms the basis of the reasonable belief; and the identity of the health professional. Subsection (2) (b) applies despite section 83 (2) . The chief executive must not disclose to another person information obtained under subsection (2) , other than— if the chief executive is the chief executive of the department or a Service— to the extent necessary to allow the chief executive to perform the chief executive’s functions under this Act or the Public Sector Act 2022 ; or for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 ; or if the chief executive is the chief executive of a private health facility— to the extent necessary to allow the chief executive to perform the chief executive’s functions relating to the management of the facility; or for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 . In this section— chief executive , of a health professional, means— if the health professional is appointed as a health service employee or public service officer in the department and is working for a Service—the chief executive of the Service; or if the health professional is appointed as a health service employee in a Service—the chief executive of the Service; or if the health professional provides services for a Service under a contract for services—the chief executive of the Service; or if the health professional is employed in, or provides services under a contract for services for, a private health facility—the licensee of the facility; or otherwise—the chief executive of the department. s 85A ins 2024 No. 7 s 10 amd 2024 No. 51 s 2B (sec.85A-ssec.1) This section applies if a committee forms a reasonable belief that a health professional, in the practice of the health professional’s profession, poses a serious risk of harm to a person because of the health professional’s health, conduct or performance. (sec.85A-ssec.2) The committee must disclose to the health professional’s chief executive— the information that forms the basis of the reasonable belief; and the identity of the health professional. (sec.85A-ssec.3) Subsection (2) (b) applies despite section 83 (2) . (sec.85A-ssec.4) The chief executive must not disclose to another person information obtained under subsection (2) , other than— if the chief executive is the chief executive of the department or a Service— to the extent necessary to allow the chief executive to perform the chief executive’s functions under this Act or the Public Sector Act 2022 ; or for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 ; or if the chief executive is the chief executive of a private health facility— to the extent necessary to allow the chief executive to perform the chief executive’s functions relating to the management of the facility; or for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 . (sec.85A-ssec.5) In this section— chief executive , of a health professional, means— if the health professional is appointed as a health service employee or public service officer in the department and is working for a Service—the chief executive of the Service; or if the health professional is appointed as a health service employee in a Service—the chief executive of the Service; or if the health professional provides services for a Service under a contract for services—the chief executive of the Service; or if the health professional is employed in, or provides services under a contract for services for, a private health facility—the licensee of the facility; or otherwise—the chief executive of the department. - (a) the information that forms the basis of the reasonable belief; and - (b) the identity of the health professional. - (a) if the chief executive is the chief executive of the department or a Service— (i) to the extent necessary to allow the chief executive to perform the chief executive’s functions under this Act or the Public Sector Act 2022 ; or (ii) for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 ; or - (i) to the extent necessary to allow the chief executive to perform the chief executive’s functions under this Act or the Public Sector Act 2022 ; or - (ii) for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 ; or - (b) if the chief executive is the chief executive of a private health facility— (i) to the extent necessary to allow the chief executive to perform the chief executive’s functions relating to the management of the facility; or (ii) for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 . - (i) to the extent necessary to allow the chief executive to perform the chief executive’s functions relating to the management of the facility; or - (ii) for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 . - (i) to the extent necessary to allow the chief executive to perform the chief executive’s functions under this Act or the Public Sector Act 2022 ; or - (ii) for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 ; or - (i) to the extent necessary to allow the chief executive to perform the chief executive’s functions relating to the management of the facility; or - (ii) for the purposes of making, or enabling another person to make, a notification about the health professional under the Health Practitioner Regulation National Law (Queensland) , part 8 , division 2 . - (a) if the health professional is appointed as a health service employee or public service officer in the department and is working for a Service—the chief executive of the Service; or - (b) if the health professional is appointed as a health service employee in a Service—the chief executive of the Service; or - (c) if the health professional provides services for a Service under a contract for services—the chief executive of the Service; or - (d) if the health professional is employed in, or provides services under a contract for services for, a private health facility—the licensee of the facility; or - (e) otherwise—the chief executive of the department.