41Primary non-legal mental health advocacy service provider and other providers

41 Primary non-legal mental health advocacy service provider and other providers

(1) The Health Secretary—

(a) must designate a suitable non-legal mental health advocacy service provider to be the primary non-legal mental health advocacy service provider of non-legal mental health advocacy services under this Act; and

(b) may designate other suitable non-legal mental health advocacy service providers to be non-legal mental health advocacy service providers of non-legal mental health advocacy services under this Act.

See also section 254 for the Health Secretary's functions in relation to non-legal mental health advocacy services generally.

(2) For the purposes of subsection (1), a non-legal mental health advocacy service provider is suitable to be designated by the Health Secretary if*—*

(a) the provider is a body corporate;

(b) having regard to the following, the Health Secretary is satisfied the provider—

(i) has mental health advocates and other staff with experience of receiving requests for support and notifications from consumers of mental health and wellbeing services and care;

(ii) is independent from mental health and wellbeing service providers;

(iii) has independent legal consultation and advice available for mental health advocates and referral pathways for legal assistance for consumers;

(iv) has in place adequate systems to ensure the secure management of information that may be obtained in the course of providing non-legal mental health advocacy services.

(3) The Health Secretary must publish the name, and contact details, of the primary non-legal mental health advocacy service provider and any other non-legal mental health advocacy service providers designated under subsection (1) on the Department's website.

42 Chief Officer to issue protocols to non-legal mental health advocacy service providers and mental health and wellbeing service providers

(1) The Chief Officer must prepare written protocols for non-legal mental health advocacy service providers in relation to the following—

(a) any information or records to be maintained and reported to the Health Secretary or the Mental Health and Wellbeing Commission, including how often it is to be reported;

(b) if providers are designated under section 41(1)(b), how all providers designated under section 41 should work together;

(c) the provision of non-legal mental health advocacy services to children and young persons;

(d) the management of the opt-out register including with respect to notifications received in respect of persons named in the register;