Mental Health and Wellbeing Act 2022
253Immunity
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253 Immunity
(1) An authorised person is not personally liable for any thing done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under this Chapter; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Chapter.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to an authorised person, attaches instead to the State.
(3) Nothing in this section limits—
(a) any immunity of an authorised person under this Act or any other Act; or
(b) a person's ability to make a complaint to a person or body about the conduct of an authorised person during the exercise of the authorised person's powers under this Chapter.
Chapter 6—Administration
Part 6.1—The Health Secretary
Division 1—Role and functions of the Health Secretary
254 Functions of the Health Secretary
The Health Secretary has the following functions under this Act——
(a) to plan, develop, fund, provide and promote a comprehensive range of mental health and wellbeing services;
(b) to be the steward and manager of the mental health and wellbeing system;
(c) to promote the objectives of this Act and the mental health and wellbeing principles;
(d) to perform the functions and exercise the powers conferred on the Health Secretary by this Act or any regulations under this Act subject to the general control and direction of the Minister;
(e) to develop and implement mental health and wellbeing strategies, policies, guidelines, standards and Codes of Practice;
(f) to promote human rights compliance by mental health and wellbeing service providers;
(g) to promote continuous improvement in the quality and safety of mental health and wellbeing services;
(h) to set targets to reduce and ultimately eliminate the use of restrictive interventions in the provision of mental health and wellbeing services;
(i) to develop, monitor and report on appropriate measures to progressively reduce and ultimately eliminate the use of restrictive interventions in mental health and wellbeing services;
(j) to collect, compile and analyse data about the provision of mental health and wellbeing services for the purposes of—
(i) funding, managing, planning, monitoring, evaluating, improving and reporting on mental health and wellbeing services provided by mental health and wellbeing service providers; and