451Decision on how the Mental Health and Wellbeing Commission will deal with a complaint

451 Decision on how the Mental Health and Wellbeing Commission will deal with a complaint

(1) After deciding to deal with a complaint under section 446, the Mental Health and Wellbeing Commission may—

(a) use any appropriate method to resolve the complaint in a timely manner, including—

(i) informal dispute resolution; and

(ii) conciliation; or

(b) conduct an investigation into the complaint under section 476.

(2) In determining which complaint resolution process to use, the Mental Health and Wellbeing Commission must prefer the least formal action that is appropriate in the circumstances.

(3) If the Mental Health and Wellbeing Commission acts under this section, the Commission must give written notice of the complaint resolution process to be taken by the Commission as soon as possible after the decision—

(a) to the complainant; and

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

S. 451(3)(c) amended by No. 44/2025 s. 65.

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

(4) Despite subsection (3)(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.