(1) The Director may
at any time during an investigation encourage the settlement of a complaint.
(2) The purpose of an
investigation is to enable the Director to decide whether or not a service
provider has acted, or failed to act, in a manner referred to in
section 320(2).
(3) In making a
decision under subsection (2), the Director must have regard to the following
—
(a) any
treatment, support and discharge plan that is relevant to the investigation;
(b) the
generally accepted quality of service delivery expected of a service provider;
(c) any
standards for the provision of mental health services that are prescribed by
the regulations for this subsection;
(d) the
Charter of Mental Health Care Principles;
(e) the
Carers Charter.
(4) In conducting an
investigation, the Director —
(a) must
proceed with as little formality and technicality, and as speedily, as the
requirements of this Part and proper investigation of the matter permits; and
(b) is
not bound by the rules of evidence but may inform himself or herself of any
matter in such manner as he or she considers appropriate; and
(c) may,
subject to this Part and the rules of natural justice, determine his or her
own procedures.
(5) In conducting an
investigation, the Director may be assisted by members of the Complaints
Office staff.