Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 321

321 Amendment of notice to change applicant’s nominee

(1) A person who is entitled to receive information about a relevant patient under an information notice may apply to the chief psychiatrist to amend the notice by adding, or changing, the applicant’s nominee.

(2) The application must be in the approved form and be accompanied by—

(a) the name of the applicant’s proposed nominee; and

(b) a statutory declaration by the nominee stating that the nominee will not publish information received under the notice in contravention of section 326 .

(3) The chief psychiatrist must decide to approve or refuse to approve the application within 14 days after receiving the application.

(4) The chief psychiatrist must approve the application if the chief psychiatrist is satisfied the nominee is suitable to receive information under the notice.

(5) The chief psychiatrist must give the applicant notice of the decision within 7 days after making it.

(6) If the decision is to approve the application, the chief psychiatrist must give the applicant an amended information notice.

(7) If the decision is to refuse to approve the application, the notice must state—

(a) the reasons for the decision; and

(b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and

(c) how the appeal is made.