Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 133

Removing person from affected person register

    (1)     The director-general must remove a registered affected person's information from the affected person register on request by the person or someone with legal authority to act for the person.

    (2)     The director-general may, at any time, remove a registered affected person's information from the register if—

        (a)     the ACAT considers that it is no longer necessary for the person's wellbeing and safety to be a registered affected person; or

        (b)     the person breaches an undertaking not to publish information disclosed under section 134.

    (3)     However, before the director-general removes a person's information from the register under subsection (2), the director-general must give the person written notice of their intention to remove the information.

Note     The director-general may delegate the function under this section, for example, to the Victims of Crime Commissioner (see Public Sector Management Act 1994

, s 20).

    (4)     The notice must include a statement to the effect that the person has 28 days to tell the director-general in writing why it is necessary for the person's wellbeing and safety to remain on the register.



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