470Deferral of notification by the Mental Health and Wellbeing Commission

470 Deferral of notification by the Mental Health and Wellbeing Commission

(1) This section applies despite any requirement to the contrary in any other section of this Act.

(2) The Mental Health and Wellbeing Commission may give a relevant notice or information to a party to a complaint at the same time as taking a relevant action in relation to the complaint if the Commission reasonably believes that advising the party to the complaint before that time may—

(a) prejudice an investigation conducted by the Commission under Part 9.4; or

(b) place at serious risk—

(i) a person's life, health, safety or welfare; or

(ii) the health, safety or welfare of the public.

(3) Despite subsection (2), the Commission must give a relevant notice or information to a party to a complaint without delay if the Commission ceases to hold the belief set out in subsection (2) before the time for taking a relevant action in relation to the complaint.

(4) In this section—

S. 470(4) def. of relevant action amended by No. 20/2023 s. 25.

relevant action means—

(a) the power to enter the premises of a mental health and wellbeing service provider under section 496; or

(b) the service of a compliance notice; or

(c) the referral of a complaint under section 448;

(e) written notice of a decision to conduct an investigation under section 480.