438Preconditions to handling a complaint made on behalf of or in relation to a consumer

438 Preconditions to handling a complaint made on behalf of or in relation to a consumer

(1) If a complaint is made to the Mental Health and Wellbeing Commission by a person on behalf of a consumer or in relation to a consumer under section 432, the Commission must obtain the consumer's consent to the Commission handling the complaint before it handles the complaint unless the Commission is satisfied that—

(a) the person making the complaint has legal authority to make decisions on behalf of the consumer in relation to the consumer's treatment or medical treatment or any other personal matter; or

(b) the person making the complaint is authorised by the consumer's advance statement of preferences to bring a complaint on the consumer's behalf; or

(c) the consumer is deceased and the person making a complaint on the consumer's behalf had a genuine interest in the consumer's wellbeing; or

(d) the person making the complaint has a genuine interest in the consumer's wellbeing and there are special circumstances that warrant the Commission receiving the complaint without the consumer's consent.

(2) The Commission is not required to obtain the consumer's consent before handling the complaint by any of the preliminary options referred to in section 440(2)(a) or (b) or 441(2)(a).

(3) Nothing in this section prevents the Mental Health and Wellbeing Commission from assisting a person to resolve their complaint directly with the mental health and wellbeing service provider that is the subject of the complaint.