450Notification of Mental Health and Wellbeing Commission's decision whether or not to deal with a complaint

450 Notification of Mental Health and Wellbeing Commission's decision whether or not to deal with a complaint

(1) If the Mental Health and Wellbeing Commission decides under this Division not to deal with a complaint, as soon as practicable after making this decision, the Commission must give written notice to the complainant.

(2) If the Mental Health and Wellbeing Commission decides under this Division to deal or cease to deal with a complaint, as soon as practicable after making this decision, the Commission must give written notice—

(a) to the complainant; and

(b) to the mental health and wellbeing service provider that is a party to the complaint; and

(c) in the case of a complaint made on behalf of a consumer on a ground specified in section 432, to the consumer.

(3) Despite subsection (2)(c), the Mental Health and Wellbeing Commission is not required to give the consumer written notice if—

(a) the consumer has notified the Commission that the consumer does not wish to be a party to the complaint under section 444; or

(b) the Commission is satisfied that notifying the consumer would be detrimental to the consumer's wellbeing or pose a risk to any other person.

(4) A notice to a mental health and wellbeing service provider under subsection (2)(b) must include the particulars of the complaint, unless the notification requirement is deferred under Division 5.

(5) If the Mental Health and Wellbeing Commission decides not to deal or cease to deal with a complaint in accordance with section 447, the Commission must provide written reasons for its decision.