442Complaints referred to the Mental Health and Wellbeing Commission

442 Complaints referred to the Mental Health and Wellbeing Commission

(1) The following persons or bodies may refer a complaint to the Mental Health and Wellbeing Commission about the provision of mental health and wellbeing services to a consumer, or the failure to provide mental health and wellbeing services to a consumer, by a mental health and wellbeing service provider—

(a) the Australian Health Practitioner Regulation Agency;

(b) the Community Visitors Mental Health Board;

(c) the chief psychiatrist;

(d) the Public Advocate;

(e) the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016;

(f) the Disability Services Commissioner within the meaning of the Disability Act 2006;

(g) the Commission for Children and Young People within the meaning of the Commission for Children and Young People Act 2012;

(h) the Commissioner of the Victorian Equal Opportunity and Human Rights Commission within the meaning of the Equal Opportunity Act 2010;

(i) in the case of a complaint made under the Privacy and Data Protection Act 2014, the Information Commissioner appointed under the Freedom of Information Act 1982;

(j) the Ombudsman appointed under the Ombudsman Act 1973;

(k) the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 of the Commonwealth;

(l) the Health Secretary, if the complaint concerns a failure to comply with the duty of candour;

(m) any other person or body if the subject matter to be referred to the Commission is grounds for a complaint to the Commission under section 431, 432 or 433.

(2) The Mental Health and Wellbeing Commission may deal with a complaint referred to the Commission under this section as if it were a complaint made to the Commission under section 431, 432 or 433.