Victorian Numbered Acts

MENTAL HEALTH AND WELLBEING AMENDMENT ACT 2023 (NO. 20 OF 2023) - SECT 26

After Division 5 of Part 9.2 of the Mental Health and Wellbeing Act 2022 insert —

" Division 6—Judicial Proceedings Reports Act 1958

        474A     Disclosure of information in the performance of functions not prevented by sections 3 and 4(1A) of Judicial Proceedings Reports Act 1958

Sections 3 and 4(1A) of the Judicial Proceedings Reports Act 1958 do not prevent the disclosure of information (including identifying information) by the Mental Health and Wellbeing Commission to the following in the performance of a function under this Part—

        (a)     the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016 ;

        (b)     the Australian Health Practitioner Regulation Agency.

        474B     Disclosure of information in the performance of functions not prevented by orders under Part 3 of Judicial Proceedings Reports Act 1958

A victim privacy order or an interim victim privacy order made under Part 3 of the Judicial Proceedings Reports Act 1958 does not apply to or prevent a disclosure of information (including identifying information) by the Mental Health and Wellbeing Commission to the following in the performance of a function under this Part—

        (a)     the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016 ;

        (b)     the Australian Health Practitioner Regulation Agency.".