Mental Health and Wellbeing Act 2022
471Deferral of notification at the request of the National Board
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471 Deferral of notification at the request of the National Board
(1) This section applies if a National Board requests the Mental Health and Wellbeing Commission not to give a relevant notice or information to a specified party or parties to a complaint under this Act.
(2) A request may be made on the basis that the National Board has formed a reasonable belief that giving the notice or information may—
(a) seriously prejudice an investigation by the National Board; or
(b) place at risk a person's health or safety; or
(c) place a person at risk of harassment or intimidation.
(3) Despite anything to the contrary in this Act, the Commission may decide not to give the relevant notice or information to the specified party or parties for a specified period determined by the Commission which must not exceed the relevant period.
(4) If the Commission makes a decision under subsection (3), the requirement under this Act to give the relevant notice or information is suspended for the specified period.
National Board has the same meaning as in the Health Practitioner Regulation National Law;
relevant period means the period beginning when the decision is made under subsection (3) and ending when the Commission is advised by the National Board that it no longer holds the reasonable belief referred to in subsection (2).