Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 240

Circumstances in which Commissioner may close a complaint

    (1)     The Commissioner may close a complaint, or part of a complaint, if—

        (a)     the complaint, or part of the complaint, has already been determined by a court, board or tribunal and does not raise any matter or issue that was not considered in that determination; or

        (b)     the complaint, or part of the complaint, is being considered by a court, board or tribunal; or

        (c)     the Commissioner refers the complaint, or part of the complaint, to another body, organisation, agency or entity; or

        (d)     the complaint, or part of the complaint, forms the basis of an investigation currently being conducted by another body, organisation, agency or entity; or

        (e)     the complaint was made outside the time limits specified in this Division for making a complaint; or

        (f)     the complaint was made orally and the complaint is not confirmed in writing within a reasonable period of time; or

        (g)     the person who made the complaint did not give the Commissioner information requested under section 239 or failed to give the information within the specified time; or

        (h)     in the circumstances, the Commissioner is satisfied that it is appropriate to do so.

    (2)     The Commissioner may close a complaint, or part of a complaint, if, at any point during consideration of the complaint the Commissioner is satisfied that the complaint, or part of the complaint, is resolved, having considered advice from the consumer.



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