Mental Health Act 2016
sec.323Revocation of information notice
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sec.323 Revocation of information notice
The chief psychiatrist must revoke an information notice relating to a relevant patient if the chief psychiatrist is satisfied disclosure of information under the notice is likely to— result in serious harm to the relevant patient’s health or welfare; or put the safety of the relevant patient or someone else at serious risk. The chief psychiatrist may revoke an information notice relating to a relevant patient if— the chief psychiatrist is unable, after making reasonable efforts, to locate the person entitled to receive information under the notice; or the person entitled to receive information under the notice has contravened section 326 . However, before revoking an information notice under subsection (2) (b) , the chief psychiatrist must give the person a reasonable opportunity to make a submission to the chief psychiatrist about why the notice should not be revoked. Within 7 days after an information notice is revoked under this section, the chief psychiatrist must give the person who was entitled to receive information under the information notice a written notice stating— the information notice has been revoked and has ceased to have effect; and the reasons for the decision to revoke the information notice; and that the person may appeal to the tribunal against the decision within 28 days after the person receives the written notice; and how the appeal may be made. s 323 sub 2022 No. 1 s 69 (sec.323-ssec.1) The chief psychiatrist must revoke an information notice relating to a relevant patient if the chief psychiatrist is satisfied disclosure of information under the notice is likely to— result in serious harm to the relevant patient’s health or welfare; or put the safety of the relevant patient or someone else at serious risk. (sec.323-ssec.2) The chief psychiatrist may revoke an information notice relating to a relevant patient if— the chief psychiatrist is unable, after making reasonable efforts, to locate the person entitled to receive information under the notice; or the person entitled to receive information under the notice has contravened section 326 . (sec.323-ssec.3) However, before revoking an information notice under subsection (2) (b) , the chief psychiatrist must give the person a reasonable opportunity to make a submission to the chief psychiatrist about why the notice should not be revoked. (sec.323-ssec.4) Within 7 days after an information notice is revoked under this section, the chief psychiatrist must give the person who was entitled to receive information under the information notice a written notice stating— the information notice has been revoked and has ceased to have effect; and the reasons for the decision to revoke the information notice; and that the person may appeal to the tribunal against the decision within 28 days after the person receives the written notice; and how the appeal may be made.