Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

Reports of Authority or chief inspector

73. The Act of 2007 is amended by the insertion of the following section after section 77:

“77A. (1) The Authority or the chief inspector may prepare and publish a report relating to the functions and activities of the Authority, or the chief inspector, as the case may be.

(2) A report prepared under subsection (1) may include information on—

(a) the monitoring of compliance with standards under section 8(1)(c),

(b) any investigation carried out under section 9, and

(c) any review carried out under section 41A.

(3) Where preparing a report providing information in relation to subsection (2), the Authority or the chief inspector as the case may be, shall give to the Executive, the Agency, a service provider, a person carrying on the business of providing a prescribed private health service, or the registered provider of a designated centre or the person in charge of that designated centre if other than its registered provider a draft of the report (in this section referred to as a ‘draft report’) along with a written notice stating that the person may, not later than 21 days from the date on which the notice was received by him or her, or such further period as the Authority allows, make written submissions to the Authority or the chief inspector on the draft report.

(4) In the case of a report which includes information on a review referred to in subsection (2)(c), the chief inspector shall also give to the patient and, as the case may be, the complainant to whom the review relates an extract from the draft report which relates to the review concerned along with a written notice stating that the person may, not later than 21 days from the date on which the notice was received by him or her, or such further period as the chief inspector allows, make written submissions to the chief inspector on the extract from the draft report.

(5) As soon as practicable after the expiration of the period referred to in subsections (3) and (4) and, having considered any submissions made pursuant to those subsections, the Authority or the chief inspector as the case may be, may amend the draft report and, prior to publication, shall furnish the final report to—

(a) the Executive,

(b) the Agency,

(c) a service provider,

(d) a person carrying on the business of providing a prescribed private health service,

(e) the registered provider of a designated centre or the person in charge of that designated centre if other than its registered provider, or

(f) in the case of a report which includes information on a review referred to in subsection (2)(c), the patient and, as the case may be, the complainant.

(6) Without limiting the generality of section 78, the Authority or the chief inspector is not liable in damages arising from any report or communication made in good faith for the purposes of, or in the performance of, the functions under this section.”.