Victorian Numbered Acts Victorian Numbered Acts(1) A person may make a complaint to the Commissioner in relation to a mental health service provider if the person—
(a) is a consumer; or
(b) is acting at the request of a consumer; or
(c) satisfies the Commissioner that he or she has a genuine interest in the wellbeing of a consumer.
(2) Subject to subsection (3), if a complaint has been made to the Commissioner in relation to a mental health service provider by a person referred to in subsection (1)(b) or (c), the Commissioner must ensure that the consumer consents to the complaint being made before the Commissioner accepts the complaint.
(3) The Commissioner is not required to obtain the consent of the consumer before accepting the complaint if the Commissioner is satisfied that—
(a) there are special circumstances that warrant the Commissioner accepting the complaint without the consumer's consent; and
(b) accepting the complaint will not be detrimental to the wellbeing of the consumer.