Division Div 5 - Mental Health and Wellbeing Act 2022 - Directions 249 | ZoeVICIn ForceAct
Mental Health and Wellbeing Act 2022
Div 5Directions 249
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Division 5—Directions 249
295 Directions to a specific clinical mental health service provider or clinical mental health service providers generally 249
Division 6—Powers of search and entry 251
296 Definition 251
297 Powers of entry 251
298 Power to give written direction to persons to produce documents or answer questions 253
Division 7—Confidentiality obligations 254
299 Definitions 254
300 Confidentiality obligations applying in respect of information from clinical review 254
301 Confidentiality of documents 255
302 Use or disclosure of information permitted to prevent serious harm 256
303 Disapplication of Freedom of Information Act 1982 256
304 Application of Health Records Act 2001 257
Part 6.4—Regional mental health and wellbeing boards 258
Division 1—Establishment of regional mental health and wellbeing boards 258
305 Establishment of regional mental health and wellbeing boards 258
306 Terms of reference 259
307 Functions of a regional mental health and wellbeing board 259
308 Consideration of mental health and wellbeing principles 261
309 Advice to Minister 261
310 Powers of a regional mental health and wellbeing board 262
311 Facilities and resources 262
Division 2—Members of regional mental health and wellbeing board 262
312 Appointment of members 262
313 Terms and conditions of appointment of a member 264
314 Vacancy and resignation 265
315 Removal from office 265
Division 3—Community advisory committees 266
316 Regional mental health and wellbeing boards may establish community advisory committees 266
317 Procedure of community advisory committees 266
Part 6.5—Panels 267
Division 1—Regional multiagency panels 267
318 Appointment of regional multiagency panels 267
319 Membership of regional multiagency panel 267
320 Functions of a regional multiagency panel 268
321 Consideration of mental health and wellbeing principles 269
322 Facilities and resources 269
323 Procedure of regional multiagency panel 269
Division 2—Statewide panel 269
324 Appointment of statewide panel 269
325 Function of statewide panel 270
326 Consideration of mental health and wellbeing principles 270
327 Procedure for statewide panel 270
Part 6.5A—Mental Health Workforce Safety and Wellbeing Committee 271
327A Mental Health Workforce Safety and Wellbeing Committee 271
327B Objectives of the Mental Health Workforce Safety and Wellbeing Committee 272
Part 6.6—Authorised psychiatrists 273
328 Appointment of authorised psychiatrist 273
Chapter 7—Mental Health Tribunal 276
Part 7.1—Establishment of the Mental Health Tribunal 276
330 Establishment of the Mental Health Tribunal 276
331 Official seal of Mental Health Tribunal 276
332 Functions of the Mental Health Tribunal 276
333 Consideration of mental health and wellbeing principles 278
334 General powers of the Mental Health Tribunal 278
335 Protection of Tribunal members, persons and witnesses 278
Part 7.2—Membership of the Mental Health Tribunal 280
336 Members of the Mental Health Tribunal 280
339 Senior Tribunal members and ordinary Tribunal members 282
341 Psychiatrist members 283
342 Registered medical practitioner members 283
343 Community members 283
344 Acting President or Acting Deputy President 284
345 Remuneration and allowances 284
346 Public Administration Act 2004 does not apply to Tribunal members 284
347 Resignation of Tribunal member 285
348 Suspension from office 285
349 Investigation of member 285
350 Vacation and removal from office 286
Part 7.3—Administration 288
351 Employment of staff 288
352 Functions of principal registrar 288
353 Functions of registrars 288
354 Delegation by President and Deputy President 288
356 Register of proceedings 290
357 Annual report of the Mental Health Tribunal 291
Part 7.4—Divisions of the Mental Health Tribunal 293
358 Divisions of the Mental Health Tribunal 293
359 Constitution of the Mental Health Tribunal 293
360 When can the Mental Health Tribunal be constituted by a single member? 294
Part 7.5—Procedure of the Mental Health Tribunal 296
362 General procedure of the Mental Health Tribunal 296
363 Who are the parties to a proceeding? 296
364 Joinder of parties 297
365 Appearance and representation at hearing 297
367 Form and content of applications to the Mental Health Tribunal 298
368 Principal registrar may reject certain applications 298
369 Review by President 299
370 Withdrawal of applications and striking out of proceeding 300
371 Notice of hearing 300
372 Multiple matters or proceedings in respect of one person may be held concurrently 302
373 Access to documents 302
374 Adjournment of certain hearings only in exceptional circumstances 304
375 Hearings to be closed to the public 304
376 Details of person not to be published without consent of President and subject person 305
377 Determination of proceeding 305
379 Referral of question of law to Supreme Court 306
380 Requesting a statement of reasons 307
381 Correction of order or statement of reasons 308
382 Validity of proceedings 308
386 Failure to comply with witness summons 311
387 False or misleading information 311
388 Contempt of the Mental Health Tribunal 311
Part 7.6—Rules Committee 313
389 Establishment of Rules Committee 313
390 Functions of the Rules Committee 313
391 Power to make rules and issue practice notes 313
392 Membership of the Rules Committee 313
393 Meeting procedure 314
394 Validity of decisions of Rules Committee 314
Chapter 8—Community visitors and the Community Visitors Mental Health Board 315
Part 8.1—Appointment of community visitors 315
395 Appointment of community visitors 315
396 Terms and conditions of appointment of a community visitor 315
397 Vacancy and resignation 316
398 Removal from office 317
Part 8.2—Functions and powers of community visitors 318
399 Functions of a community visitor 318
400 Consideration of mental health and wellbeing principles 319
401 Visits to prescribed premises by community visitors 319
402 Request to see a community visitor 321
403 Reasonable assistance to be given to community visitors 321
Part 8.3—Community Visitors Mental Health Board 322
404 Establishment of the Community Visitors Mental Health Board 322
405 Membership of the Community Visitors Mental Health Board 322
406 Functions of the Community Visitors Mental Health Board 322
407 Community Visitors Mental Health Board may refer a matter 323
Part 8.4—Reports and confidentiality 324
408 Reports by community visitors and the Community Visitors Mental Health Board 324
409 Annual report of Community Visitors Mental Health Board 324
Chapter 9—Mental Health and Wellbeing Commission 327
Part 9.1—Mental Health and Wellbeing Commission 327
Division 1—Mental Health and Wellbeing Commission 327
411 Establishment of the Mental Health and Wellbeing Commission 327
413 Objectives of the Mental Health and Wellbeing Commission 328
414 Consideration of mental health and wellbeing principles 329
415 Functions of the Mental Health and Wellbeing Commission 329
416 Powers of the Mental Health and Wellbeing Commission 335
418 Staff of the Mental Health and Wellbeing Commission 336
419 Chief Executive Officer of the Mental Health and Wellbeing Commission 336
419A Meetings of the Mental Health and Wellbeing Commission 337
419B General procedure 337
419C Validity of acts or decisions 337
Division 2—Mental Health and Wellbeing Commissioners 338
420 Appointment of Mental Health and Wellbeing Commissioners 338
421 Terms and conditions of appointment 340
422 Vacancy and resignation 340
423 Removal from office 341
424 Acting appointment 342
425 Protection from liability 343
426 Functions and powers of a Mental Health and Wellbeing Commissioner 343
428 Reports to the Parliament 346
429 Content of reports tabled in Parliament 347
Division 1—Making a complaint 348
430 Guiding principles of the Mental Health and Wellbeing Commission in relation to complaints 348
431 Complaint by consumer 348
432 Complaint by person (other than consumer) 349
433 Complaint by carer, family member or supporter 350
434 When can a complaint be made? 350
435 How is a complaint made? 351
436 Mental Health and Wellbeing Commission must provide reasonable assistance to a person making or confirming a complaint 352
437 Record of complaint 352
438 Preconditions to handling a complaint made on behalf of or in relation to a consumer 352
439 Preconditions to handling a complaint made by carers, family members or supporters 353
440 Preliminary options for responding to complaint—information 354
441 Preliminary options for responding to complaint—early resolution options 355
442 Complaints referred to the Mental Health and Wellbeing Commission 355
443 Notifying entities that Commission will deal with referred complaints 357
444 Notification by consumer who does not wish to be party to a complaint 358
445 Withdrawal of complaint 358
Division 2—Procedure when a complaint is made to the Mental Health and Wellbeing Commission 359
446 Decision whether or not to deal with complaint 359
447 Grounds for not dealing with a complaint 359
448 Mental Health and Wellbeing Commission may refer complaints with or without complainant's consent 361
449 Complaint to which National Law may also apply 362
450 Notification of Mental Health and Wellbeing Commission's decision whether or not to deal with a complaint 363
451 Decision on how the Mental Health and Wellbeing Commission will deal with a complaint 364
452 Notification of complaint resolution process 365
453 Complaint resolution agreements 366
454 Mental Health and Wellbeing Commission may divide or concurrently deal with complaints 366
455 Participation of mental health and wellbeing service provider in complaint resolution process 368
456 Parties' withdrawal of agreement to complaint resolution process 368
457 Mental Health and Wellbeing Commission may cease complaint resolution process 368
458 Mental health and wellbeing service provider may be required to respond 369
459 Mental Health and Wellbeing Commission's power to extend time limit 369
Division 3—Conciliation 370
461 Party may be represented at conciliation 370
462 Mental health and wellbeing service provider may be required to produce documents in conciliation 371
463 Confidentiality of conciliation process 372
464 Completion of conciliation 373
Division 4—Complaint handling standards and procedures for receiving, managing and resolving complaints 373
465 Mental Health and Wellbeing Commission must prepare complaint handling standards 373
466 Mental Health and Wellbeing Commission must review complaint handling standards 374
467 Amendment or revocation of complaint handling standards 375
468 Date on which Order making or revoking complaint handling standards takes effect 375
469 Mental health and wellbeing service provider must establish procedures for receiving, managing and resolving complaints 376
Division 5—Deferral of notification 376
470 Deferral of notification by the Mental Health and Wellbeing Commission 376
471 Deferral of notification at the request of the National Board 377
472 Deferral of notification at the request of the Disability Services Commissioner 379
473 Deferral of notification at the request of the Health Complaints Commissioner 380
474 Deferral of notification at the request of the Victorian Disability Worker Commissioner 382
Division 6—Judicial Proceedings Reports Act 1958 385
474A Disclosure of information in the performance of functions not prevented by sections 3 and 4(1A) of Judicial Proceedings Reports Act 1958 385
474B Disclosure of information in the performance of functions not prevented by orders under Part 3 of Judicial Proceedings Reports Act 1958 385
Part 9.3—Undertakings and compliance notices 386
475 Undertakings and compliance notices while dealing with a complaint or during an investigation 386
Part 9.4—Investigations by the Mental Health and Wellbeing Commission 388
Division 1—Investigations 388
476 Investigation of a complaint by the Mental Health and Wellbeing Commission 388
477 Referred investigations 389
478 Own initiative investigations 389
479 Mental Health and Wellbeing Commission must not conduct investigation while conciliation is on foot 389
480 Notice of investigation 389
481 Investigation report 390
482 Persons to whom an investigation report must be given 391
483 Response by mental health and wellbeing service provider 393
Division 2—Follow up investigations 394
484 Power of Mental Health and Wellbeing Commission to conduct a follow up investigation 394
485 Notice of follow up investigation 394
486 Commencement of follow up investigation 395
487 Follow up investigation report 396
488 Persons to whom follow up investigation report to be given 396
489 Response by mental health and wellbeing service provider 399
Division 3—Conduct of investigations, authorised investigators and related powers 400
490 Conduct of investigations 400
491 Investigation requirements if there is no hearing 401
492 Investigation requirements if there is a hearing 401
493 Authorised investigator 402
494 Identification of authorised investigator 402
495 Authorised investigator must produce identification 402
496 Powers of entry to the premises of a mental health and wellbeing service provider 403
Division 4—Investigation notices, investigation hearings and powers related to investigation hearings 406
497 Power to compel production of documents and things or attendance of witnesses—investigation notice 406
498 Offence to fail to comply with investigation notice 407
499 Variation of investigation notice 407
500 Power to take evidence on oath or affirmation in investigation hearing 408
501 Powers in relation to documents and things produced during investigation hearing or under investigation notice 408
Part 9.5—Compliance notices 410
502 Compliance notice 410
503 Application for review—compliance notice 411
504 Offence not to comply with compliance notice 411
505 Power of the Mental Health and Wellbeing Commission to conduct inquiry 412
506 Conduct of inquiry 412
Part 9.7—Protections and legal representation 414
508 Compellability of a Mental Health and Wellbeing Commissioner or member of staff 414
509 Protection of participants in an investigation 414
510 Protection for persons who make a complaint 414
511 Privilege against self-incrimination 415
512 Legal professional privilege and client legal privilege 415
513 Offence to threaten etc. complainant 415
514 Offence to refuse to employ, dismiss or subject a person to detrimental action 415
515 Offence to make false statements 416
516 Legal representation 416
Part 9.8—Confidentiality, information collection and information sharing 418
Division 1—Disclosure of information 418
517 Non-disclosure of information—investigations and complaint data reviews 418
518 Non-disclosure of information—complaint resolution processes 420
519 Non-disclosure of information given in conciliation 421
520 Non-disclosure of identifying information 422
521 Mental Health and Wellbeing Commission may require information to be provided by mental health and wellbeing service provider 423