Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 323

323 Revocation of information notice

(1) The chief psychiatrist must revoke an information notice relating to a relevant patient if the chief psychiatrist is satisfied disclosure of information under the notice is likely to—

(a) result in serious harm to the relevant patient’s health or welfare; or

(b) put the safety of the relevant patient or someone else at serious risk.

(2) 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 .

(3) However, before revoking an information notice under subsection (2) (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.

(4) Within 7 days after an information notice is revoked under this section, the chief psychiatrist must give the person who was entitled to receive information under the information notice a written notice stating—

(a) the information notice has been revoked and has ceased to have effect; and

(b) the reasons for the decision to revoke the information notice; and

(c) that the person may appeal to the tribunal against the decision within 28 days after the person receives the written notice; and

(d) how the appeal may be made.