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Posted on 11 Dec 2020
Incident response/review

This consultation is now closed.

The Victorian Government is seeking your input to develop a statutory duty of candour law and we need your help to get the balance right.

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The law was recommended by the Expert Working Group appointed to advise on legislative reforms proposed in Targeting Zero, the final report of the Review of Hospital Safety and Quality Assurance in Victoria released in 2016.

The new law will be the first of its kind in Australia. It will require hospitals to:

  • apologise to any person seriously harmed while receiving care
  • explain what went wrong
  • describe what action will be taken and the improvements put in place.

We are now consulting on the details of the related reforms recommended by the Expert Working Group:

  • the content of a new set of Victorian candour and open disclosure guidelines – the guidelines will offer detailed instructions to health service entities on what they must do to comply with the duty and align with existing obligations under the Australian open disclosure framework
  • a proposed model of legal protections for clinical incident reviews undertaken by health services – clinical incident review processes are valuable quality and safety improvement processes conducted in relation to serious incidents. The protections will mean that review working documents and reports are not subject to Freedom of Information requests and cannot be called upon in court.

Consultation closes 9 April 2021

Tell us what you think about this proposed new legislation by taking our survey.

Further opportunity to comment will be available when we release an exposure draft of the law and guidelines in 2021.

Page last updated: 23 Sep 2021