Mental Health Act 20266

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Suspension and revocation of registration

162. (1) Subject to section 163 , the Commission may suspend or revoke a registration of any registered mental health service for any of the following reasons:

(a) the Commission is of the opinion that the registered mental health service contravened a condition attached, varied or imposed under section 153 , 154 , 155 or 159 on the registration;

(b) the information provided by the registered mental health service when applying for registration under section 153 , 154 or 155 or making representations under section 157 was false or incomplete in any material aspect;

(c) the Commission is of the opinion that there is a risk to the health or welfare of persons accessing services from that service;

(d) the registered mental health service has not complied with this Act or any regulations made thereunder.

(2) Where the Commission proposes to suspend or revoke a registration under subsection (1), it shall—

(a) notify the registered mental health service, the subject of the proposal, in writing, of the proposal and the reasons for the proposal, and

(b) inform the registered mental health service, the subject of the proposal, that the service may make representations to the Commission not later than 21 days or such further period as the Commission specifies from the date of the service of the notification and that any such representations shall be considered by the Commission.

(3) A registered mental health service which receives a notification under subsection (2) may within 21 days of the notification make representations in writing in respect of the proposal.

(4) Where a notification has been given under subsection (2), the Commission shall not issue a final decision until—

(a) it has considered any representations made to it by the registered mental health service in accordance with subsection (3), or

(b) the period referred to in subsection (2)(b) has elapsed and no representations are made by the registered mental health service concerned.

(5) Where the Commission, having considered any representations made by or on behalf of a registered mental health service under subsection (3) and having considered the needs of the persons accessing the service, decides to suspend or revoke a registration, it shall notify the registered mental health service in writing of the decision, stating—

(a) the reasons on which the decision is based,

(b) the date on which the suspension or revocation, as the case may be, shall take effect,

(c) in the case of a registration which is to be suspended, the period for which it is to be suspended, and

(d) that the service may within 21 days of the decision appeal the decision under section 163 .

(6) Where the Commission suspends a registration under subsection (5), the Commission may, if it considers it necessary in all the circumstance to do so, extend the period of suspension and where it proposes to do so, subsection (2) shall with all necessary modifications apply to the proposal to extend the suspension as it applies to the proposal to suspend a registration.

(7) Where the Commission decides to suspend or revoke a registration under subsection (5)—

(a) the decision takes effect, where no appeal is made within the period referred to in subsection (5)(d), upon the expiration of that period, or

(b) in the event of an appeal against the decision being made within that period, the decision stands suspended until the appeal is determined or withdrawn.