Obstetric and Paediatric Mortality and Morbidity Act 1994

Obstetric and Paediatric Mortality and Morbidity Act 1994

This Act may be cited as the Obstetric and Paediatric Mortality and Morbidity Act 1994.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

born alive means the complete expulsion or extraction from its mother of a viable foetus in which, after that expulsion or extraction, the heart was beating;

child death means the death of a person who has not attained the age of 18 years;

committee means a committee established under section 9;

Council means the Council of Obstetric and Paediatric Mortality and Morbidity established by section 4;

employee means a person whose services are made available to the Council under section 10(a) or (b);

function includes duty;

information means any information – in, or derived from, a document; or provided orally;

late maternal death means the death of a woman more than 42 days but less than one year after the cessation of pregnancy – resulting from an obstetric cause or another cause aggravated by an obstetric cause; and irrespective of the duration of the pregnancy and the location of the foetus within the woman's body;

maternal death means the death of a woman while pregnant, or within 42 days after the cessation of pregnancy – from any cause related to, or aggravated by, the pregnancy or its management; and irrespective of the duration of the pregnancy and the location of the foetus within the woman's body;

midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;

perinatal death means – the death of a viable foetus at any time up to the moment of its complete expulsion or extraction from its mother; and the death of a child born alive where the death occurs before the twenty-ninth day after the date of the birth;

register means the perinatal register or other register maintained by the Council under section 14;

regulations means regulations made and in force under section 20;

relevant Minister means the Minister administering the Children, Young Persons and Their Families Act 1997 or the Minister administering the Disability Rights, Inclusion and Safeguarding Act 2024, as the case may require;

Secretary means Secretary of the Department;

viable foetus means a product of conception – of at least 20 weeks' gestation or such lesser number of weeks gestation as may be prescribed by the regulations; or of a weight of not less than 400 grams or such lesser weight as may be prescribed by the regulations.

is established.

The Council consists of not less than 8 and not more than 10 members of whom – two are to be persons nominated by the Vice-Chancellor of the University of Tasmania; and one is to be a person who is – employed in the delivery of neonatal services at the Royal Hobart Hospital; and nominated by the Secretary; and one is to be a person who is – employed in the Department; and nominated by the Secretary; and one is to be a member of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists nominated by the Tasmanian Branch of that College; and one is to be a member of the Paediatrics and Child Health Division of the Royal Australasian College of Physicians nominated by the Tasmanian State Committee of that Division; and one is to be a member of the Royal Australian College of General Practitioners nominated by the Tasmanian Branch of that College; and one is to be a midwife who is nominated by the Tasmanian Branch of the Australian College of Midwives Incorporated.

The members of the Council specified in subsection (1)(a) to (g) (inclusive) are appointed by the Minister.

In addition to the members of the Council specified in subsection (1)(a) to (g) (inclusive), the Minister may appoint not more than 2 other members of the Council nominated by a majority of those members.

The Minister may appoint a member as chairperson of the Council.

The Minister may require a body or a person holding an office referred to in subsection (1) to nominate one or more persons within a specified period (being a period of not less than 2 months).

If a body or person fails to comply with a requirement made under subsection (4), the Minister may appoint a person with the qualifications required by subsection (1) as a member of the Council.

If a body or an office referred to in subsection (1) has a change of name, the Governor may, by order, amend that subsection by substituting the new name of the body or office.

If a body or an office referred to in subsection (1) ceases to exist, the Governor may, on the recommendation of the Council, by order, amend that subsection by substituting an office or body which the Governor is satisfied – is similar to the office that has ceased to exist; or substantially represents the interests represented by the body that has ceased to exist.

Schedule 1 has effect with respect to the membership of the Council.

Schedule 2 has effect with respect to the meetings of the Council.

The Council has the following functions:

to investigate the circumstances surrounding, and the conditions that have or may have caused – maternal, late maternal and perinatal deaths in Tasmania; and deaths of children in Tasmania in the age group from 29 days to 17 years (inclusive); and congenital abnormalities in children born in Tasmania; and injuries, illness or defects suffered by pregnant women or viable foetuses in Tasmania at any time before or during childbirth;

to maintain a perinatal data collection for the purpose of – collecting, studying, researching and interpreting information relating to deaths referred to in paragraph (a); and collecting, studying, researching and interpreting information relating to births in Tasmania; and identifying and monitoring trends in respect of perinatal health (including congenital abnormalities); and providing information to the Secretary on the requirements for, and the planning of, obstetric and neonatal care; and providing information to persons employed in health care and to researchers; and maintaining a register of congenital abnormalities;

to provide information for the education and instruction in medical theory and practice in obstetrics and paediatrics for medical practitioners, registered nurses, enrolled nurses and midwives;

to investigate and report on any other matters relating to obstetric and paediatric mortality and morbidity referred to the Council by the Minister or the Secretary;

to investigate and report to the Minister, a relevant Minister or the Secretary of its own motion on any matter relating to obstetric and paediatric mortality and morbidity that it considers necessary;

to communicate to the Minister, or a relevant Minister, the Secretary or a prescribed body, information relating to – a child death, maternal death or late maternal death; or the morbidity of a child or a woman who is or has been pregnant;

to perform any other function imposed by this Act or any other Act or the regulations.

The Council may, of its own motion or at the request of a coroner, make recommendations and provide information to a coroner that it considers relevant to a child death, a maternal death or a late maternal death.

Neither section 15 nor section 15A precludes a coroner from admitting as evidence information provided to the coroner under subsection (1).

The Council has the following powers:

to require any person to provide any information in that person's control that is relevant to the performance by the Council of its functions;

to do all things necessary or convenient in connection with the performance of its functions and the exercise of its powers under this or any other Act.

The Council may, in writing, delegate to a member of the Council or a committee any of its functions or powers other than this power of delegation.

The Council may establish committees to assist it in performing its functions.

A committee consists of – such members of the Council as the Council determines; and such other persons as the Council determines and are approved by the Minister.

A committee – must provide the Council with information and advice on any matter referred to it by the Council; and must perform any functions delegated to it by the Council.

A committee has the same powers as the Council.

Meetings of a committee are to be held in accordance with any directions given by the Council.

Schedule 1, other than clauses 1 and 7, applies in relation to members of a committee who are persons referred to in subsection (2)(b) as if – a reference in that Schedule to a member were a reference to a member of the committee; and a reference in that Schedule to the Council were a reference to the committee.

Subject to this section, Schedule 2 applies in relation to the meetings of a committee as if – a reference in that Schedule to a member were a reference to a member of the committee; and a reference in that Schedule to the Council were a reference to the committee.

For the purposes of enabling the Council to perform its functions –

the Secretary must make available to the Council the services of such persons employed in the Department as are necessary; and the Council, with the approval of the Secretary, may arrange with the Council of the University of Tasmania for the services of persons employed by the University to be made available to the Council.