Document ID: chunk:federal_register_of_legislation:C2021A00009:clause:1_2:p2
Version: federal_register_of_legislation:C2021A00009
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/5)
Character Range: 7235–10118

the Quality and Safety Commission Act may make provision for, or in relation to, the Quality and Safety Commissioner's functions and powers in dealing with reportable incidents.
 (7) Without limiting paragraph (6)(b), action may include:
 (a) requiring an approved provider to provide a *residential care recipient of the provider with information regarding the use of an advocate (including an independent advocate) in relation to an investigation into the *reportable incident; and
 (b) requiring an approved provider to arrange for, and cover the cost of, an independent investigation into the reportable incident within a specified period; and
 (c) providing a copy of any report of the independent investigation to the *Quality and Safety Commissioner.

54‑4  Disclosures qualifying for protection
 (1) This section applies to a disclosure of information by a person or body (the discloser) who is, or was, any of the following:
 (a) an approved provider;
 (b) one of an approved provider's *key personnel;
 (c) a *staff member of an approved provider;
 (d) a *residential care recipient of an approved provider, or a family member, carer, representative, advocate (including an independent advocate) of the recipient, or another person who is significant to the recipient;
 (e) a volunteer who provides care or services for an approved provider.
 (2) The disclosure of the information by the discloser qualifies for protection under this section if:
 (a) the disclosure is made to one of the following:
 (i) the *Quality and Safety Commissioner;
 (ii) the approved provider;
 (iii) one of the approved provider's *key personnel;
 (iv) a *staff member of an approved provider;
 (v) another person authorised by the approved provider to receive reports of *reportable incidents;
 (vi) if the disclosure is reported to another person in accordance with the Quality of Care Principles—that person;
 (vii) a police officer; and
 (b) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and
 (c) the discloser has reasonable grounds to suspect that the information indicates that a reportable incident has occurred; and
 (d) the discloser makes the disclosure in good faith.

54‑5  Disclosure that qualifies for protection not actionable etc.
 (1) If a person makes a disclosure that qualifies for protection under section 54‑4:
 (a) the person is not subject to any civil or criminal liability for making the disclosure; and
 (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.
Note: The person is still subject to any civil or criminal liability for conduct of the person that may be revealed by the disclosure.
 (2) Without limiting subsection (1):
 (a) the person has qualified privilege (see subsection (3)) in