Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 490

    (1)     In conducting an investigation under this Part, the Mental Health and Wellbeing Commission—

        (a)     must act as expeditiously and with as little formality as is reasonably possible; and

        (b)     is bound by the rules of natural justice; and

        (c)     is not bound by the rules of evidence; and

        (d)     before making a finding or recommendation affecting a mental health and wellbeing service provider, must give the mental health and wellbeing service provider an opportunity to make submissions to the Commission about the finding or recommendation; and

        (e)     in the case of an investigation into a complaint—

              (i)     if the Commission is satisfied that a decision may directly affect a party to the complaint other than a mental health and wellbeing service provider, must give the party an opportunity to make submissions to the Commission about the decision; or

              (ii)     if the Commission is satisfied that a decision may directly affect a consumer who is not a party to the complaint, must give the consumer an opportunity to make submissions to the Commission about the decision, unless the Commission is satisfied that this would be detrimental to the wellbeing of the consumer; and

        (f)     must take reasonable steps to ensure that a complainant, a mental health and wellbeing service provider that is the subject of the investigation and the consumer in relation to a complaint are informed of the progress of the investigation in a timely and appropriate manner.

    (2)     Despite subsection (1)(f), the Commission is not required to keep a consumer in relation to a complaint informed of the progress of the investigation if the consumer has given notice under section 444 that they do not wish to be a party to the complaint.

    (3)     The Commission may conduct an investigation hearing in an investigation under this Part.