Where a designated mental health and wellbeing service fails to comply with the Mental Health and Wellbeing Act 2022, they must report this to the Chief Psychiatrist. This obligation applies in all locations of the service, including emergency departments and general hospital wards.
Such reporting enables the Chief Psychiatrist to assist services to comply with the Act, and in the process, to improve the quality and safety of the treatment and care that is provided.
The report should be completed in writing by the Authorised Psychiatrist or their delegate within 3 business days.
It should contain the following information:
- The demographic details of the consumer affected.
- The circumstances of the failure to comply.
- The consumer’s legal status under the Act.
- Whether an open disclosure has been completed with the person and/or carers and family members.
- The supports provided to the consumer affected.
- Any remedial action taken to prevent a future breach of the Act.
The report should be submitted to the Office of Chief Psychiatrist.
Service providers must also report a failure to comply with the Act when it occurs during a complaint investigation by the Mental Health and Wellbeing Commission or other authorities. This type of incident should be reported to the Chief Psychiatrist immediately.
If further guidance is required, the Office of Chief Psychiatrist can be contacted by phone on 1300 767 299.
Reviewed 15 September 2023
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