Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 489

    (1)     A mental health and wellbeing service provider who receives a follow up investigation report under section 488 that sets out recommendations that apply to the mental health and wellbeing service provider must give a written response to that follow up investigation report to the Mental Health and Wellbeing Commission that—

        (a)     states the action that has been taken to implement the recommendations; and

        (b)     if a recommendation has not been implemented, gives a reason why the recommendation has not been implemented and sets out a plan—

              (i)     to implement the recommendation; or

              (ii)     to address the issue dealt with in the recommendation.

    (2)     A mental health and wellbeing services provider must not, without reasonable excuse, fail to give a written response to the Mental Health and Wellbeing Commission—

        (a)     in accordance with subsection (1); and

        (b)     within the time set out in the follow up investigation report.

Penalty:     In the case of a natural person, 60 penalty units;

    In the case of a body corporate, 300 penalty units.

Division 3—Conduct of investigations, authorised investigators and related powers