520Non-disclosure of identifying information

520 Non-disclosure of identifying information

(1) For the purposes of dealing with a complaint, conducting an investigation under Part 9.4 or conducting an inquiry under Part 9.6, the Mental Health and Wellbeing Commission may decide that any of the following information is not to be disclosed—

(a) the name of any complainant;

(b) the name of any person who received or sought a mental health and wellbeing service;

(c) the name of any person who was the subject of conduct dealt with in an own initiative investigation or a referred investigation;

(d) any identifying information about a person to whom paragraph (a), (b) or (c) applies.

(2) The Mental Health and Wellbeing Commission must not make a decision under subsection (1) unless the Commission is satisfied that—

(a) there are special circumstances; and

(b) it is in the complainant's or the person's interests not to disclose the information.

(3) In making a decision under this section, the Mental Health and Wellbeing Commission must consider whether not disclosing the information would unreasonably limit another person's right to procedural fairness.

(4) The Mental Health and Wellbeing Commission may revoke a decision under subsection (1) if the Commission is no longer satisfied of the matters set out in subsection (2).

521 Mental Health and Wellbeing Commission may require information to be provided by mental health and wellbeing service provider

(1) The Mental Health and Wellbeing Commission, by written notice, may require a mental health and wellbeing service provider to provide to the Commission non-identifying information in respect of complaints received or dealt with by the mental health and wellbeing service provider.

(a) specify the nature of the information to be provided; and

(b) set out a reasonable period of time within which the mental health and wellbeing service provider must provide the information to the Commission.

(3) The Commission may extend the time within which a mental health and wellbeing service provider must comply with a requirement under this section.

(4) A mental health and wellbeing service provider must comply with a requirement under this section within the time specified by the Commission, unless the mental health and wellbeing service provider has a reasonable excuse not to do so.

Penalty: In the case of a natural person, 10 penalty units;

In the case of a body corporate, 50 penalty units.

522 Mental Health and Wellbeing Commission may give information to other bodies or jurisdictions