435How is a complaint made?

435 How is a complaint made?

(1) A person may make a complaint orally or in writing to the Mental Health and Wellbeing Commission.

A complaint may be made by an electronic communication within the meaning of the Interpretation of Legislation Act 1984. See also the Electronic Transactions (Victoria) Act 2000.

(2) The Mental Health and Wellbeing Commission may require a person who makes an oral complaint to confirm their complaint in writing as soon as practicable so that the Commission can continue to deal with the complaint.

(3) If information relating to the identity of a person who makes a complaint is given to the Mental Health and Wellbeing Commission, the Commission may keep that information confidential if the Commission is satisfied that—

(a) there are special circumstances; and

(b) it is in the complainant's interest to keep the information confidential.

(4) In making a determination under subsection (3), the Mental Health and Wellbeing Commission must consider whether keeping the information confidential would unreasonably limit another person's right to procedural fairness.