Health Act 1997

The Minister, by notice published in the Gazette, may declare that a specified committee established by the Secretary of the Department, the governing body of a health service establishment or a professional association is an approved quality assurance committee for the purposes of this Act and, by like notice, may revoke the declaration.

The Minister is not to make a declaration under subsection (1) unless satisfied – that the committee is established by the Secretary of the Department, by the governing body of a health service establishment or by a professional association; and that the committee's functions include the assessment and evaluation of the quality of health services provided by the State, a health service establishment or by members of a professional association including the review of the clinical practices or clinical competence of persons providing those services; and that the carrying out of the committee's functions and powers would be facilitated by the provision of immunities afforded by this section in respect of its proceedings; and that it is in the public interest that persons be prohibited from disclosing information given to the committee in the course of the performance of its functions.

A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made must not either directly or indirectly – make a record of, or divulge or communicate to any person, any information gained by or conveyed to that person as such a member while the declaration was in force; or make use of any such information – except to the extent necessary for the performance of the functions of that committee or of the person as such a member. Fine not exceeding 50 penalty units.

A person who is or has been a member of a committee in respect of which a declaration under subsection (1) has been made is not required – to produce before any court, tribunal, board, agency or person any document in the person's possession or under the person's control as such a member while the declaration was in force; or to divulge or communicate to any court, tribunal, board, agency or person any matter or thing coming under the person's notice as such a member while the declaration was in force.

Subsections (3) and (4) apply to a person who prepares or has prepared information or documents concerning the proceedings, or for the purposes, of a committee in respect of which a declaration under subsection (1) has been made as if that person is or was a member of the committee.

Evidence of any information or document relating to the proceedings, or prepared for the purposes, of a committee at any time while a declaration under subsection (1) was in force in respect of it is not admissible in any action or proceedings before any court, tribunal, board, agency or person.

If there is an inconsistency between this section and a provision of any other Act or law, this section prevails to the extent of the inconsistency.

Section 62B of the Health Complaints Act 1995 and section 17 of the Ombudsman Act 1978 do not apply to a disclosure or communication of information to which this section refers.