Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 279

Conduct of investigations

    (1)     For the purposes of conducting an investigation under this Division, the chief psychiatrist may—

        (a)     assess the quality and safety of mental health and wellbeing services provided; and

        (b)     determine whether the mental health and wellbeing services are being provided in accordance with—

              (i)     this Act and the regulations and any Codes of Practice; and

              (ii)     the standards, guidelines and practice directions issued by the chief psychiatrist.

    (2)     An investigation under this Division may be in relation to—

        (a)     any aspect of the mental health and wellbeing services provided by a clinical mental health service provider, including any relevant practice, procedure, use of a restrictive intervention or treatment; or

        (b)     the mental health and wellbeing services that are provided to a specified person.

    (3)     Subject to subsection (4), the chief psychiatrist must give written notice of the investigation to the clinical mental health service provider within a reasonable time before commencing the investigation.

    (4)     The chief psychiatrist may dispense with giving notice of the investigation to the clinical mental health service provider if the chief psychiatrist is satisfied that it is necessary in the circumstances.

    (5)     Subject to this section, the process for conducting an investigation into a clinical mental health service provider is at the discretion of the chief psychiatrist.



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