Queensland Consolidated Acts

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CORONERS ACT 2003 - SECT 53

53 Access to investigation documents for research purposes

(1) This section applies if a person wants access to an investigation document, that is in the possession of a coroner, for research purposes.

(2) The State Coroner must not give the person access to--

(a) an investigation document, while a coroner is investigating the death to which the document relates; or
(b) a document to the extent that it contains information obtained under any of the following provisions--
(i) section 17;
(ii) the Child Protection Act 1999, section 159P;
(iii) the Public Health Act 2005, section 56 or 86.

(3) The person may access another investigation document only with the consent of the State Coroner.

(4) The State Coroner may consent only if--

(a) the State Coroner is satisfied that the person is a genuine researcher; and
(b) the State Coroner is satisfied that the document is reasonably necessary for the research; and
(c) for a police document in relation to which the State Coroner decides not to obliterate information that identifies someone--the commissioner of the police service agrees to the person having access to the document; and
(d) for an investigation document that is not a coronial document or police document--the chief executive officer of the entity that prepared the document agrees to the person having access to the document.

(5) Before giving someone access to an investigation document for research purposes, the State Coroner must ensure that any information in the document that identifies anyone is obliterated.

(6) However, the State Coroner need not obliterate the information if the State Coroner reasonably believes--

(a) the person's identity is necessary for the research to be effective; and
(b) the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.

(7) In this section--

genuine researcher means--

(a) a person for whom an application for health information has been granted under the Public Health Act 2005, chapter 6, part 4; or
(b) a person who is a member of an approved quality assurance committee under the Health Services Act 1991, part 4, division 2; or
(c) another person who the chief executive considers to be a person conducting genuine research.

(8) This section is subject to section 56.



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