Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 333

333 .         Conduct generally

        (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.



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