Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 323

Discretionary revocation

323 Discretionary revocation

(1) The chief psychiatrist may revoke an information notice relating to a relevant patient if—
(a) the chief psychiatrist is unable, after making reasonable efforts, to locate the person entitled to receive information under the notice; or
(b) the person entitled to receive information under the notice has contravened section 326 .
(2) However, before revoking an information notice under subsection (1) (b) , the chief psychiatrist must give the person a reasonable opportunity to make a submission to the chief psychiatrist about why the notice should not be revoked.
(3) The chief psychiatrist must give written notice of the decision to revoke the information notice to the person entitled to receive information under the notice within 7 days after making it.
(4) The written notice must state—
(a) the reasons for the decision; and
(b) that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and
(c) how the appeal is made.



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