439Preconditions to handling a complaint made by carers, family members or supporters

439 Preconditions to handling a complaint made by carers, family members or supporters

(1) If a complaint is made to the Mental Health and Wellbeing Commission by a carer, family member or supporter of a consumer, 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 complaint is made on a ground referred to in section 433; and

(b) information about the consumer is not material to the Commission dealing with the complaint.

(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 carer, family member or supporter of a consumer to resolve their complaint directly with the mental health and wellbeing service provider that is the subject of the complaint.