Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Open disclosure of notifiable incident

9. Where a health services provider discloses, in accordance with this Act, at a notifiable incident disclosure meeting, to—

(a) a patient that a notifiable incident has occurred in the course of the provision of a health service to him or her,

(b) a relevant person that a notifiable incident has occurred in the course of the provision of a health service to the patient, or

(c) a patient and a relevant person that a notifiable incident has occurred in the course of the provision of a health service to the patient,

the disclosure shall be treated as an open disclosure by the health services provider of the notifiable incident and section 10 shall apply to—

(i) the information in respect of the notifiable incident, provided to the patient or relevant person (or both of them) at the notifiable incident disclosure meeting, additional notifiable information provided at the additional notifiable information meeting and information provided in a clarification under section 23 , and

(ii) an apology, in respect of the notifiable incident, where an apology is made at that meeting, or the additional notifiable information meeting as the case may be.