454Mental Health and Wellbeing Commission may divide or concurrently deal with complaints

454 Mental Health and Wellbeing Commission may divide or concurrently deal with complaints

(1) The Mental Health and Wellbeing Commission may divide a complaint at any time—

(a) into 2 or more complaints if the Commission believes it is in the interests of the person who received or sought the mental health and wellbeing service; or

(b) into a part that may be dealt with under this Act and a part that is or may be the subject of a notification, complaint, investigation or inquiry under the National Law or any other law, for the purpose of referring that part of the complaint to the person or body responsible for dealing with the matter under that law.

(2) The Mental Health and Wellbeing Commission may concurrently deal with 2 or more complaints, whether or not there is more than one complainant, if the Commission reasonably believes that—

(a) the complainant or complainants are not disadvantaged; and

(b) the mental health and wellbeing service provider's rights are not adversely affected; and

(c) the person who received or sought the mental health and wellbeing service is not disadvantaged.

(3) If the Mental Health and Wellbeing Commission acts under this section, the Commission must give written notice to any relevant complainant, mental health and wellbeing service provider and any person who received or sought the mental health and wellbeing service of the action taken by the Commission as soon as possible after taking it.

(4) The Mental Health and Wellbeing Commission is not required to give written notice under subsection (3) 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.