Reporting breaches of the Act and serious quality and safety incidents is a fundamental aspect of clinical accountability.
Providing compulsory care and treatment outside the legal requirements of the Act contravenes human rights legislation and the mental health and wellbeing principles and compromises high-quality mental health care. It may also lead to preventable harm. The Chief Psychiatrist will review and analyse notifications to identify training, service support, and clinical governance issues that can be used to drive system improvement.
Purpose
This reporting directive guides the Authorised Psychiatrist or delegate of a designated mental health service (DMHS) on how to report a breach of the Act and a serious quality and safety incident. Complying with the Act is essential for DMHS to ensure ethical, high-quality, and safe care that properly considers the mental health and wellbeing principles.
These reporting requirements ensure mental health services are provided to the highest standard of clinical governance. This directive should be read alongside other Chief Psychiatrist guidelines and reporting requirements.
The information in this guideline aligns with the powers of the Chief Psychiatrist under the Act. Service providers should obtain independent legal advice if they have queries about individual cases or their obligations under the Act.
Under the Act, the functions of the Chief Psychiatrist include developing, publishing, and promoting standards, guidelines, and practice directions for delivering mental health and wellbeing services. This guideline aligns with the mental health and wellbeing principles outlined in the Act.
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