Anyone who is concerned about someone’s experience with a public mental health service in Victoria can make a complaint. However, if your complaint is about someone else’s experience the MHCC usually needs to seek that person’s consent to the complaint. We can still provide you with information and support, so please .
We will discuss with you whether:
- the consumer consents to the complaint
- we can deal with the complaint without the consumer’s consent
- there are other options for resolving your concerns.
- the person making the complaint has a genuine interest in the wellbeing of the consumer
- there are special circumstances for accepting the complaint without the consumer’s consent; and
- accepting the complaint will not be detrimental to the consumer’s wellbeing.
- the consumer does not have capacity to consent to a complaint at the time
- the consumer is under 16, and a parent or guardian makes the complaint
- a guardian makes the complaint
- the complaint is from a family member or carer and there is a risk of serious harm to the person and it is appropriate for the MHCC to deal with the complaint
If we accept a complaint without the consumer’s consent, the Act says we must notify the consumer and involve them in resolving the complaint whenever possible, as early as possible. This is to uphold their rights and the mental health principles of the Act.
Reviewed 09 April 2021