Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 122

Investigations by chief psychiatrist

    (1)     The chief psychiatrist, on his or her own initiative or at the request of the Secretary, may conduct an investigation into the provision of mental health services by a mental health service provider if the chief psychiatrist or the Secretary (as the case may be) is of the opinion that the health, safety or wellbeing of a person is or was endangered as a result of those services.

    (2)     In conducting an investigation, the chief psychiatrist may—

        (a)     assess the quality and safety of mental health services provided by the mental health service provider; and

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

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

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

    (3)     An investigation conducted under this section may be in relation to—

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

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

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

    (5)     Despite subsection (4), the chief psychiatrist may, if he or she is satisfied that it is necessary in the circumstances, dispense with giving notice of the investigation to the mental health service provider.

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



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