Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 264

Person not to be penalised because of complaining to Commissioner

    (1)     A person must not, by threats, intimidation, undue influence or coercion, persuade or attempt to persuade another person—

        (a)     not to make a complaint to the Commissioner; or

        (b)     to withdraw a complaint made to the Commissioner.

Penalty:     240 penalty units.

    (2)     A person must not dismiss another person, refuse to employ or engage another person or subject another person to any detriment because the other person—

        (a)     intends to complain, or has complained, to the Commissioner; or

        (b)     has not withdrawn, or refuses to withdraw, a complaint made to the Commissioner.

Penalty:     240 penalty units.

    (3)     A mental health service provider must take reasonable steps to ensure that the management of the mental health service provider or any member of staff of the mental health service provider does not take detrimental action against a consumer in relation to the mental health service provider in reprisal for the consumer making a complaint or for another person making a complaint on his or her behalf.



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