Health Services Act 1988

A person (other than under subsection (3) or in prescribed circumstances) must not be required to produce before any court or tribunal or any board, agency or other person—

a report prepared under section 128T; or

any document in the person's possession or under the person's control that is the original or a copy of a document that was—

created for the sole purpose of providing information in the course of conducting a SAPSE review; and

provided in the course of conducting a SAPSE review by or on behalf of that person.

Subject to subsection (3), the following is not admissible in any action or proceedings before any court or tribunal or any board, agency or other person—

evidence of any other information or reports obtained by or in the possession of a serious adverse patient safety review panel in the course of conducting a SAPSE review;

evidence of or about a document to which subsection (1) applies;

a report prepared under section 128T.

A report prepared under section 128T may be produced to a coroner or the Coroners Court (as appropriate) for the purposes of—

an investigation under Division 1 of Part 4 of the Coroners Act 2008; or

an inquest (within the meaning of the Coroners Act 2008) in respect of a death.

The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (1) or (2).

Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (1) or (2).

Nothing in this section prevents a person to whom this section applies from including de‑identified information in any document.

In this section—

an identifiable individual or an individual who can be reasonably identified; or

an identifiable health service entity from which or in relation to which the information was obtained.