Mental Health and Related Services Act 1998
100Internal complaints procedures
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100 Internal complaints procedures (1) A person being treated at an approved treatment facility or by an approved treatment agency or his or her decision maker or representative, or a person with a genuine interest in that person, may make a complaint to the person-in-charge: (a) relating to the failure of the approved treatment facility or approved treatment agency to recognise any right of the person under this Act; or (b) relating to the administration of this Act that relates directly to the health interests and needs of the person. (2) The person-in-charge of an approved treatment facility or approved treatment agency must establish procedures, that are accessible, just and fair, to deal with complaints made under subsection (1). (3) The procedures referred to in subsection (2) are to aim: (a) to investigate and, wherever possible, resolve complaints by a process within the approved treatment facility or approved treatment agency; and (b) to promote improvements in the quality of the policies, procedures and services of the approved treatment facility or approved treatment agency. (4) The person-in-charge of an approved treatment facility or approved treatment agency must ensure that adequate information is included in the information given to a person under section 87 about: (a) the complaints procedures of the facility or agency; and (b) all other available complaints procedures that apply to the facility or agency.
Mental Health and Related Services Act 1998 96 (5) The person-in-charge of an approved treatment facility or approved treatment agency must ensure that information, both oral and written, of the complaints procedures under this Act and advocacy services that are available is regularly given to each of the (a) a person being treated at the approved treatment facility or by the approved treatment agency; (c) the person's representative; (d) the person's primary carer. (6) The person-in-charge of an approved treatment facility or approved treatment agency must ensure that: (a) a person who makes a complaint: (i) receives a written acknowledgment as soon as reasonably practicable after the complaint is made; and (ii) is kept informed of the progress of any investigation or other action on the complaint at regular intervals; and (b) if the person who made the complaint is not the person being treated, that person is also kept informed of the progress of any investigation or other action on the complaint at regular intervals. (7) The person-in-charge of an approved treatment facility or approved treatment agency must ensure that a full and accurate record of the nature of a complaint made under this section and any investigation or other action taken in relation to it is kept. (8) The person-in-charge of an approved treatment facility or approved treatment agency must: (a) maintain a register containing a brief record of all complaints made under this section; and (b) ensure that the register is made available to a community visitor when requested.