Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 295

Directions to a specific clinical mental health service provider or clinical mental health service providers generally

    (1)     The chief psychiatrist may give a clinical mental health service provider a written direction for any of the following purposes—

        (a)     to ensure the provision of high quality and safe services to a specified person or to enable access to mental health and wellbeing services by a specified person;

        (b)     to improve the quality and safety of the mental health and wellbeing services provided by the provider generally;

        (c)     to address any aspect of the provision of mental health and wellbeing services provided by the provider, including any systemic issues or issues identified during the course of a clinical review;

        (d)     to ensure that the provision of mental health and wellbeing services by the provider complies with—

              (i)     the standards, guidelines and practice directions issued by the chief psychiatrist; and

              (ii)     this Act and the regulations and Codes of Practice.

    (2)     If the chief psychiatrist gives a written direction to a clinical mental health service provider under subsection (1), the chief psychiatrist must take reasonable steps to notify the following persons that the direction has been made—

        (a)     the person who was provided the mental health and wellbeing services that were the subject of the investigation;

        (b)     any nominated support person of the person specified in paragraph (a);

        (c)     any guardian of the person specified in paragraph (a);

        (d)     any carer of the person specified in paragraph (a) if the chief psychiatrist is satisfied the direction will directly affect the carer and the care relationship;

        (e)     a parent of the person specified in paragraph (a) if the person is under the age of 16 years;

        (f)     the DFFH Secretary, if that Secretary has parental responsibility for the person specified in paragraph (a) under a relevant child protection order;

        (g)     the Justice Secretary, if the direction is given to a clinical mental health service provider in a custodial setting.

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