448Mental Health and Wellbeing Commission may refer complaints with or without complainant's consent

448 Mental Health and Wellbeing Commission may refer complaints with or without complainant's consent

(1) The Mental Health and Wellbeing Commission, with the consent of the complainant, may refer a complaint, a part of the complaint or any matter arising from a complaint, to another body, organisation, agency or entity if the complaint raises issues that the Commission is satisfied would be more appropriately dealt with by that other body, organisation, agency or entity.

(2) The Commission, without the consent of the complainant, may refer a complaint, part of a complaint or any matter arising from a complaint, to another body, organisation, agency or entity if the Commission is satisfied that—

(a) the complaint raises issues that require investigation or inquiry by that other body, organisation, agency or entity; and

(b) it is in the public interest to refer the complaint to that other body, organisation, agency or entity.

(3) If a complaint, part of a complaint or any matter arising from a complaint is referred to another body, organisation, agency or entity under subsection (1) or (2), the Commission may provide any information that the Commission has received in respect of the complaint to the body, organisation, agency or entity to which the complaint or matter has been referred.

(4) If the Mental Health and Wellbeing Commission refers a complaint or any matter arising from a complaint to another body, organisation, agency or entity under subsection (1) or (2), the Commission must notify the following of the referral—

(a) if the complaint is at a preliminary stage referred to in section 439 or 440, the complainant;

(b) if the Commission decides not to deal with the complaint under section 446 but refers it to another body, organisation, agency or entity under subsection (1) or (2), the complainant;

(c) if the Commission decides to deal with the complaint under section 446 and refers it to another body, organisation, agency or entity under subsection (1) or (2), any person or entity required to be notified under section 450.