Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 254

Power of entry

    (1)     The Commissioner, or at the direction of the Commissioner, an investigator, may enter the premises of a mental health service provider for the purposes of investigating a complaint.

    (2)     The Commissioner or an investigator who enters the premises of a mental health service provider under subsection (1) may do any one or more of the following—

        (a)     inspect, examine or make enquiries at the premises;

        (b)     examine or inspect any thing, including a document or part of a document, at the premises;

        (c)     bring any equipment or materials to the premises that may be required;

        (d)     take any photographs or make any audio or visual recordings at the premises, including of a person at the premises provided the person has consented to having his or her photograph taken or the recording of him or her being made;

        (e)     use any equipment at the premises;

        (f)     make copies of, or take extracts from, any document kept at the premises;

        (g)     speak to any person receiving mental health services at the premises, if the person agrees;

        (h)     direct a person employed at the premises to produce a document or part of document located at the premises that is in the possession or control of the person;

              (i)     direct a person at the premises to answer any questions put by the investigator;

        (j)     do any other thing that is reasonably necessary for the purpose of performing or exercising his or her functions or powers under this Act or the regulations.



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