Mental Health Act 2016
sec.312Minister may direct chief psychiatrist to review matter
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sec.312 Minister may direct chief psychiatrist to review matter
This section applies if the Minister considers— a matter has arisen in relation to 1 or more relevant forensic patients; and there is a serious risk to the life, health or safety of a person or to public safety because of the matter. The Minister may direct the chief psychiatrist to— immediately review the matter and serious risk to decide— whether action is necessary to remove, or to control or manage, the risk; and whether there are systemic issues that need to be addressed to remove the risk; and consider taking action under section 313 (2) to address the matter and stop the serious risk recurring; and report to the Minister— on the outcome of the review; and if action is taken as a result of the review—on the action taken. To remove any doubt, it is declared that the Minister’s power under this section— is limited to directing the chief psychiatrist to do a thing mentioned in subsection (2) (a) , (b) or (c) ; and does not allow the Minister to direct the chief psychiatrist to take action, or any particular action, in relation to the matter or serious risk. (sec.312-ssec.1) This section applies if the Minister considers— a matter has arisen in relation to 1 or more relevant forensic patients; and there is a serious risk to the life, health or safety of a person or to public safety because of the matter. (sec.312-ssec.2) The Minister may direct the chief psychiatrist to— immediately review the matter and serious risk to decide— whether action is necessary to remove, or to control or manage, the risk; and whether there are systemic issues that need to be addressed to remove the risk; and consider taking action under section 313 (2) to address the matter and stop the serious risk recurring; and report to the Minister— on the outcome of the review; and if action is taken as a result of the review—on the action taken. (sec.312-ssec.3) To remove any doubt, it is declared that the Minister’s power under this section— is limited to directing the chief psychiatrist to do a thing mentioned in subsection (2) (a) , (b) or (c) ; and does not allow the Minister to direct the chief psychiatrist to take action, or any particular action, in relation to the matter or serious risk.
- (a) a matter has arisen in relation to 1 or more relevant forensic patients; and
- (b) there is a serious risk to the life, health or safety of a person or to public safety because of the matter.
- (a) immediately review the matter and serious risk to decide— (i) whether action is necessary to remove, or to control or manage, the risk; and (ii) whether there are systemic issues that need to be addressed to remove the risk; and
- (i) whether action is necessary to remove, or to control or manage, the risk; and
- (ii) whether there are systemic issues that need to be addressed to remove the risk; and