Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 442

Complaints referred to the Mental Health and Wellbeing Commission

    (1)     The following persons or bodies may refer a complaint to the Mental Health and Wellbeing Commission about the provision of mental health and wellbeing services to a consumer, or the failure to provide mental health and wellbeing services to a consumer, by a mental health and wellbeing service provider

        (a)     the Australian Health Practitioner Regulation Agency;

        (b)     the Community Visitors Mental Health Board;

        (c)     the chief psychiatrist;

        (d)     the Public Advocate;

        (e)     the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016 ;

        (f)     the Disability Services Commissioner within the meaning of the Disability Act 2006 ;

        (g)     the Commission for Children and Young People within the meaning of the Commission for Children and Young People Act 2012 ;

        (h)     the Commissioner of the Victorian Equal Opportunity and Human Rights Commission within the meaning of the Equal Opportunity Act 2010 ;

              (i)     in the case of a complaint made under the Privacy and Data Protection Act 2014 , the Information Commissioner appointed under the Freedom of Information Act 1982 ;

        (j)     the Ombudsman appointed under the Ombudsman Act 1973 ;

        (k)     the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 of the Commonwealth;

        (l)     the Health Secretary, if the complaint concerns a failure to comply with the duty of candour;

        (m)     any other person or body if the subject matter to be referred to the Commission is grounds for a complaint to the Commission under section 431, 432 or 433.

    (2)     The Mental Health and Wellbeing Commission may deal with a complaint referred to the Commission under this section as if it were a complaint made to the Commission under section 431, 432 or 433.



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