516Legal representation

516 Legal representation

(1) A person may be accompanied or represented by another person in relation to any process under this Chapter relating to—

(a) a complaint under Part 9.2; or

(b) an investigation under Part 9.4; or

(c) an inquiry under Part 9.6.

(2) If the Mental Health and Wellbeing Commission so authorises, a person may be represented by an Australian legal practitioner in relation to any process under this Chapter relating to—

(a) a complaint under Part 9.2; or

(b) an investigation under Part 9.4; or

(c) an inquiry under Part 9.6.

(3) For the purposes of subsection (2), a person may be represented by an Australian legal practitioner when the person is—

(a) giving evidence to the Commission; or

(b) producing documents to the Commission under an investigation notice.

Part 9.8—Confidentiality, information collection and information sharing

Division 1—Disclosure of information

517 Non-disclosure of information—investigations and complaint data reviews

(1) A person must not disclose any information obtained by that person in the course of an investigation under Part 9.4 or a complaint data review, except as authorised under this section.

(2) For the purposes of subsection (1), a Mental Health and Wellbeing Commissioner, a person employed under section 418(1) or a person engaged under section 418(2) may disclose information to which subsection (1) applies in the following circumstances—

(a) the disclosure is for the purposes of a proceeding under this Act that relates to the performance of the Commission's functions;

(b) the disclosure is with the written authority of the Health Secretary, if the Health Secretary reasonably believes it is in the public interest to do so;

(c) the disclosure is to the Health Secretary, if that information is or may be relevant to determining whether or not a mental health and wellbeing service provider or the Institute has complied with the duty of candour;

(d) the disclosure is with the written authority of the person to whom the information relates;

(e) the disclosure is to the Australian Health Practitioner Regulation Agency or a relevant National Board, if that information is or may be the subject of, or relevant to, a complaint, investigation or inquiry under the Health Practitioner Regulation National Law.

(3) Despite subsection (1), a Mental Health and Wellbeing Commissioner, a person employed under section 418(1) or a person engaged under section 418(2) is authorised and may disclose information to which subsection (1) applies if the Commissioner, the person employed or the person engaged (as the case may be) reasonably believes that the disclosure is necessary for or in connection with the performance of the Commission's functions.