Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023
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PART 2 Open Disclosure of Notifiable Incident | ||
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Chapter 1 General | ||
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Obligation to make an open disclosure of notifiable incident | ||
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5. (1) Where a health services provider is satisfied that a notifiable incident has occurred in the course of the provision by it of a health service to a patient, (whether the notifiable incident occurred when that provider was providing that service or another health services provider was providing a health service to that patient) the health services provider shall, subject to sections 19 and 20 , hold a notifiable incident disclosure meeting in order to make the open disclosure of that notifiable incident to the patient or relevant person (or both of them) as specified in section 7 . | ||
(2) For the purposes of subsection (1), where a health services provider is satisfied that a notifiable incident has occurred but— | ||
(a) none, or not all, of the likely consequences of the notifiable incident have presented or developed, or | ||
(b) not all of the information relating to the incident, including information relating to the cause of the incident, is available, | ||
the health services provider shall make the open disclosure of the notifiable incident under subsection (1) notwithstanding the absence of some or all of those consequences or that information. | ||
(3) For the purposes of subsection (1), a health services provider may be satisfied that a notifiable incident has occurred as referred to in that subsection whether the provider has received information in respect of that notifiable incident pursuant to section 6 or otherwise. |