447Grounds for not dealing with a complaint

447 Grounds for not dealing with a complaint

(1) The Mental Health and Wellbeing Commission may decline to deal, or cease to deal, with a complaint or any part of a complaint made to the Commission if—

(a) the Commission is satisfied that the complaint is misconceived, lacking in substance or otherwise does not warrant action; or

(b) the Commission is satisfied that the complaint is not made in good faith; or

(c) the Commission is satisfied that the complaint is made for an improper purpose; or

(d) the Commission does not have jurisdiction to deal with the complaint; or

(e) the complainant has not complied with the requirements under Division 1 regarding the procedure for making complaints; or

S. 447(1)(f) amended by No. 44/2025 s. 64.

(f) the complainant does not comply with a request for more information under section 440(2) within the time specified by the Commission; or

(g) the Commission is satisfied that—

(i) there is no reasonable prospect of resolving the complaint by the use of a complaint resolution process; and

(ii) the complaint should not be investigated under Part 9.4; or

(h) the subject matter of the complaint comes within the jurisdiction of a court, tribunal or other body; or

(i) the subject matter of the complaint—

(i) is before a court, tribunal or other body; or

(ii) has been determined by a court, tribunal or other body; or

(j) the mental health and wellbeing service provider that is a party to the complaint has taken action that the Commission, after considering any advice from the complainant, is satisfied has resolved the complaint; or

(k) the complaint has been withdrawn; or

(l) the Commission otherwise considers it appropriate to do so.

(2) The Commission may decide to deal with a complaint that it has previously declined to deal or ceased to deal with under subsection (1) if—

(a) the Commission receives new information in respect of that complaint; and

(b) as a result of the new information, the Commission is satisfied that further action should be taken in relation to the complaint.