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MENTAL HEALTH ACT 2014 - SECT 305

305 .         Terms used

                In this Part —

        Carers Charter has the meaning given in the Carers Recognition Act 2004 section 4;

        complainant , in relation to a complaint made to the Director under Division 3 Subdivision 3, means the person or persons in respect of whom the complaint alleges the respondent acted, or failed to act, in a manner referred to in section 320(2);

        complaint , for the purposes of Division 3 Subdivision 3, includes a part of a complaint;

        Complaints Office means the Health and Disability Services Complaints Office continued by the Health and Disability Services (Complaints) Act 1995 section 6(1);

        Complaints Office staff means the staff of the Complaints Office referred to in the Health and Disability Services (Complaints) Act 1995 section 14, 15 or 16;

        Director means the Director of the Health and Disability Services Complaints Office appointed under the Health and Disability Services (Complaints) Act 1995 section 7(1);

        investigation means —

            (a)         an investigation of a complaint made to the Director under Division 3 Subdivision 3; or

            (b)         an investigation conducted under section 341;

        mental health service

            (a)         means —

                  (i)         a service provided specifically for people who have or may have a mental illness; or

                  (ii)         a service provided specifically for carers of people who have or may have a mental illness; or

                  (iii)         the carrying out of medical or epidemiological research relating to mental illness;

                but

            (b)         does not include a service referred to in paragraph (a)(i), (ii) or (iii) if it is —

                  (i)         provided wholly from funds paid to a service provider by the Commonwealth; or

                  (ii)         provided to a person who has or may have a mental illness by the person’s carer; or

                  (iii)         prescribed by the regulations for this paragraph;

        provide, in relation to a mental health service, includes to carry out;

        respondent , in relation to a complaint made to the Director under Division 3 Subdivision 3, means the service provider who the complaint alleges acted, or failed to act, in a manner referred to in section 320(2);

        service provider

            (a)         means an individual, group of individuals or body (whether corporate or unincorporate) that renders or provides mental health services; but

            (b)         does not include —

                  (i)         the Chief Psychiatrist; or

                  (ii)         a mental health advocate; or

                  (iii)         the Mental Health Tribunal.



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