Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Open disclosure of Part 5 review

40. Where a health services provider discloses, in accordance with this Act, at a Part 5 review disclosure meeting, to—

(a) a patient,

(b) a relevant person, or

(c) a patient and a relevant person,

the information specified in paragraphs (a) to (c) of the definition of a Part 5 review, the disclosure shall be treated as an open disclosure by the health services provider of the Part 5 review and section 41 shall apply to—

(i) the information in respect of the Part 5 review, provided to the patient or relevant person (or both of them) at the Part 5 review disclosure meeting, additional Part 5 review information provided at the additional Part 5 review information meeting and information provided in a clarification under section 54 , and

(ii) an apology, in respect of the Part 5 review, where an apology is made at that meeting, or the additional Part 5 review information meeting as the case may be.