Mental Health and Wellbeing Act 2022
482Persons to whom an investigation report must be given
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482 Persons to whom an investigation report must be given
(1) The Mental Health and Wellbeing Commission must give an investigation report to the mental health and wellbeing service provider that is the subject of the investigation.
(2) For the purposes of subsection (1), if more than one mental health and wellbeing service provider is the subject of an investigation, the Commission must give the part of the investigation report that relates to a specific mental health and wellbeing service provider to that mental health and wellbeing service provider.
(3) The Mental Health and Wellbeing Commission must give an investigation report that relates to a referred investigation to the Minister.
(4) The Mental Health and Wellbeing Commission may give all or part of an investigation report to the Australian Health Practitioner Regulation Agency and any relevant National Board, if the investigation report is relevant to the administration of the Health Practitioner Regulation National Law.
(5) The Mental Health and Wellbeing Commission may also give all or part of an investigation report to—
(a) in the case of an investigation into a complaint—
(i) the complainant unless—
(A) the complainant is not the consumer who is the subject of the complaint; and
(B) giving the investigation report to the complainant would unreasonably breach the consumer's privacy; and
(ii) the consumer of the complaint, if the consumer—
(A) is not the complainant; and
(B) has not notified the Commission that the consumer does not wish to be a party to the complaint under section 444; and
(b) the following persons or bodies if the Commission is satisfied that it is appropriate—
(iii) the Justice Secretary;
(iv) the Chief Officer;
(v) the chief psychiatrist;
(vi) a regional mental health and wellbeing board; and
(c) any other person or body if the Commission is satisfied that the investigation report is relevant to the functions of that person or body.
(6) For the purposes of subsection (5)(b) or (c), the Commission must ensure that any investigation report or part of an investigation report given to a person or body referred to in subsection (5)(b) or (c) does not include any information that identifies a person (other than a mental health and wellbeing service provider) unless that information is necessary for the performance of a function or the exercise of a power by that person or body.