Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Designated person

16. (1) For the purpose of making a designation under section 15 (1)(e), where the health services provider making the designation is a health services provider referred to in—

(a) paragraph (a) of the definition of “health services provider”, that health services provider may designate—

(i) an employee of that provider, including an employee who is a health practitioner,

(ii) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (a)(ii) of that definition,

(iii) a person with whom that provider has entered into a contract referred to in paragraph (a)(v)(II) of that definition,

(iv) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (a)(iii) of that definition, or

(v) an agency worker,

as the designated person for the purposes of section 15 (1)(e), or

(b) paragraph (b) of the definition of “health services provider”, that provider may designate—

(i) himself or herself,

(ii) the health practitioner providing the clinical care and treatment to the patient concerned,

(iii) an employee of that provider, including an employee who is a health practitioner,

(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (b)(ii) of that definition,

(v) a person with whom that provider has entered into a contract referred to in paragraph (b)(iv)(II) of that definition,

(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (b)(iii) of that definition, or

(vii) an agency worker,

as the designated person for the purposes of section 15 (1)(e), or

(c) paragraph (c) of the definition of health services provider, that provider may designate—

(i) the partner who is the health practitioner providing the health service to the patient concerned,

(ii) any other partner who is a health practitioner in the partnership concerned,

(iii) an employee of that provider, including an employee who is a health practitioner,

(iv) a health practitioner who provides a health service for that provider pursuant to a contract referred to in paragraph (c)(ii) of that definition,

(v) a person with whom that provider has entered into a contract referred to in paragraph (c)(iv)(II) of that definition,

(vi) an agency health practitioner who provides a health service for that provider pursuant to an agency contract referred to in paragraph (c)(iii) of that definition, or

(vii) an agency worker,

as the designated person for the purposes of section 15 (1)(e).

(2) A designation under this section shall be in writing and shall be kept in the records, referred to in section 25 , relating to the open disclosure of the notifiable incident made under this Act.