Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 257

    (1)     As soon as practicable after conducting an investigation into a complaint under this Division, the Commissioner must—

        (a)     make a finding about the substance of the complaint; and

        (b)     decide on any action to be taken to resolve the complaint; and

        (c)     prepare a written report specifying—

              (i)     the findings made under paragraph (a) and the reasons for these findings; and

              (ii)     any action to be taken or that has already been taken under paragraph (b) to resolve the complaint.

    (2)     The Commissioner must give a copy of a report prepared under subsection (1)(c) to—

        (a)     the person who made the complaint; and

        (b)     if the person who made the complaint is not the consumer in relation to the complaint, the consumer; and

        (c)     the mental health service provider in respect of which the complaint was made.

    (3)     Despite subsection (2)(a), the Commissioner must not give a copy of the report to the person who made the complaint if—

        (a)     that person is not the consumer; and

        (b)     the provision of the report would unreasonably breach the privacy of the consumer.

    (4)     The Commissioner may give a copy of a report prepared under subsection (1)(c) to any person, body, organisation, agency or entity the Commissioner is satisfied is appropriate including—

        (a)     the Minister;

        (b)     the Secretary;

        (c)     the chief psychiatrist.

    (5)     If a copy of a report prepared under
subsection (1)(c) is given to a person, body, organisation, agency or entity under subsection (4), the Commissioner must ensure that any information that may identify a person is omitted unless the person, body or organisation requires this information to comply with a duty or function under an Act.