480Notice of investigation

480 Notice of investigation

(1) If the Mental Health and Wellbeing Commission decides to conduct an investigation of a complaint, the Commission must give written notice that specifies the matters set out in subsection (2)—

(a) to each party to the complaint; and

(b) in the case of a referred investigation or an own initiative investigation, to any mental health and wellbeing service provider that is the subject of the investigation; and

(c) in the case of an investigation that relates to mental health and wellbeing services provided at a custodial setting—to the Justice Secretary.

(2) The written notice must—

(a) specify the scope and objectives of the investigation; and

(b) specify the expected date of commencement for the investigation and the expected length of the investigation; and

(c) be accompanied by a written description of the issues arising from the complaint to be investigated.

(3) The Commission must give the written notice as soon as possible after the decision to investigate is made.

Division 5 of Part 9.2 provides for the deferral of the giving of notice under this section in certain circumstances.