Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 320

320 .         Who and what can be complained about

        (1)         A complaint can only be about a service provider that, at the time the subject matter of the complaint arose, was providing a mental health service.

        (2)         A complaint can only allege that, after the date on which this section comes into operation, a service provider —

            (a)         acted unreasonably by not providing a mental health service; or

            (b)         acted unreasonably by providing a mental health service; or

            (c)         acted unreasonably in the manner of providing a mental health service; or

            (d)         acted unreasonably by delaying, denying or restricting access to records kept by the service provider; or

            (e)         acted unreasonably in disclosing records or confidential information; or

            (f)         failed to comply with the Charter of Mental Health Care Principles; or

            (g)         failed to comply with the Carers Charter; or

            (h)         in respect of a complaint about a matter mentioned in paragraphs (a) to (e) made to the service provider by a person who has or may have a mental illness, acted unreasonably by —

                  (i)         not properly investigating the complaint or not causing it to be properly investigated; or

                  (ii)         not taking, or not causing to be taken, proper action in relation to the complaint;

                or

                  (i)         acted unreasonably by charging an excessive fee; or

            (j)         acted unreasonably with respect to a fee.