488Persons to whom follow up investigation report to be given

488 Persons to whom follow up investigation report to be given

(1) The Mental Health and Wellbeing Commission must give a follow up 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 a follow up investigation, the Commission must give the part of the follow up 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 a follow up investigation report that relates to a referred investigation to the Minister.

(4) The Mental Health and Wellbeing Commission may give all or part of a follow up investigation report to the Australian Health Practitioner Regulation Agency and any relevant National Board, if the follow up 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 a follow up investigation report to—

(a) in the case of a follow up investigation that relates to the 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 follow up 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 follow up 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 follow up investigation report or part of a follow up 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.