Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
|
PART 8 Offences and Penalties | ||
|
Offences | ||
|
77. (1) A person who fails to comply with section 5 (1) without reasonable excuse shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(2) A person who fails to comply with section 19 (9) without reasonable excuse shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(3) A person who fails to comply with section 20 (5) without reasonable excuse shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(4) A person who fails to comply with section 27 , 28 or 29 shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(5) A person who fails to comply with section 37 (1) without reasonable excuse shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(6) A person who fails to comply with section 50 (9) without reasonable excuse shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(7) A person who fails to comply with section 51 (5) without reasonable excuse shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(8) In proceedings for an offence under this Act, it shall be a defence for a person against whom such proceedings are brought to show that the person made all reasonable efforts to ensure compliance with such provisions of this Act as are alleged to have been contravened. | ||
(9) Where an offence under subsection (1), (2), (3), (4), (5), (6) or (7) is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(10) Where the affairs of a body corporate are managed by its members, subsection (9) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. |