473Deferral of notification at the request of the Health Complaints Commissioner

473 Deferral of notification at the request of the Health Complaints Commissioner

(1) The Health Complaints Commissioner may request 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 Health Complaints Commissioner reasonably believes that giving the relevant notice or information may—

(a) place at serious risk the life, health, safety or welfare of a person; or

(b) place at serious risk the health, safety or welfare of the public; or

(c) prejudice the proper investigation of a complaint by the Health Complaints Commissioner under the Health Complaints Act 2016.

(3) Despite anything to the contrary in this Act, the Commission may decide not to provide the relevant notice or information to the specified party or parties for a specified period 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.

Health Complaints Commissioner has the same meaning as in the Health Complaints Act 2016;

relevant period means the period beginning when the decision is made under subsection (3) and ending at the first of the following occurring—

(a) the Commission is advised by the Health Complaints Commissioner the Health Complaints Commissioner no longer holds the view referred to in subsection (2);

(b) the end of the investigation of the complaint by the Health Complaints Commissioner under the Health Complaints Act 2016;

(c) the end of the period of 6 months following the receipt of the complaint by the Health Complaints Commissioner.