475Undertakings and compliance notices while dealing with a complaint or during an investigation

475 Undertakings and compliance notices while dealing with a complaint or during an investigation

(1) At any time while dealing with a complaint, the Mental Health and Wellbeing Commission may—

(a) accept an undertaking given by a mental health and wellbeing service provider—

(i) to take remedial action in relation to the complaint; and

(ii) subject to subsection (3), take no further action in relation to the complaint; or

(b) serve a compliance notice.

(2) At any time during an investigation under Division 1 of Part 9.4, the Mental Health and Wellbeing Commission may accept an undertaking given by a mental health and wellbeing service provider to take remedial action in relation to a matter that is the subject of the investigation.

(3) If the Commission accepts an undertaking given by a mental health and wellbeing service provider under subsection (1)(a) or (2), the Commission may—

(a) monitor the mental health and wellbeing service provider to assess the remedial action that the mental health and wellbeing service provider has taken in relation to the complaint; and

(b) by written notice, require the mental health and wellbeing service provider to report to the Commission—

(i) on the remedial action taken by the mental health and wellbeing service provider; and

(ii) within a specified time not exceeding 12 months after the undertaking is given.

(4) The Commission may serve a compliance notice on a mental health and wellbeing service provider if the mental health and wellbeing service provider has not complied with an undertaking given under this section.

(5) The Mental Health and Wellbeing Commission—

(a) must make a record of any undertaking given by a mental health and wellbeing service provider; and

(b) may monitor the undertaking in accordance with this section.

Part 9.4—Investigations by the Mental Health and Wellbeing Commission

Division 1—Investigations

476 Investigation of a complaint by the Mental Health and Wellbeing Commission

The Mental Health and Wellbeing Commission may conduct an investigation of a complaint made to the Commission, if the Commission reasonably believes that the complaint should be investigated and either—

(a) the complaint is not suitable for a complaint resolution process; or

(b) the Commission has attempted to resolve the complaint by using a complaint resolution process and the complaint has not been resolved; or

(c) a mental health and wellbeing service provider that is a party to the complaint, without reasonable excuse, fails to participate in a complaint resolution process; or