637Duty of candour

637 Duty of candour

(1) If a patient suffers a serious adverse patient safety event in the course of receiving mental health and wellbeing services from the Institute, the Institute owes a duty of candour to the patient and must do the following unless the patient has opted out in accordance with subsection (2)—

(a) provide the patient with—

(i) a written account of the facts regarding the serious adverse patient safety event; and

(ii) an apology for the harm suffered by the patient; and

(iii) a description of the Institute's response to the event; and

(iv) the steps that the Institute has taken to prevent re-occurrence of the event; and

(v) any prescribed information; and

(b) comply with any steps set out in the Victorian Duty of Candour Guidelines.

(2) A patient referred to in subsection (1) may choose not to receive information in accordance with this Part by providing the Institute with a signed statement.

(3) A patient who has signed a statement in accordance with subsection (2) may later elect to receive information under subsection (1).