Our rights-based approach

At the MHCC we are guided at all times by the Mental Health Act 2014 and its principles as well as the Charter of Human Rights and Responsibilities Act 2006, the Chief Psychiatrist's guidelines, and other relevant standards and guidelines. Find out more about the Rights of consumers, carers, families and support people below.

When people contact us we help them to understand and exercise their rights. This includes assisting them to both access support and advocate for themselves. For example, we can coach you in how to approach a meeting with your treating team.

When assessing a complaint and the best steps to take we use a rights-based, recovery-oriented approach. We consider:

  • the rights, views and preferences of the consumer and their support people, who are at the centre of the complaint
  • the views of the consumer if you are making a complaint on their behalf
  • the outcomes you would like to achieve by making the complaint and whether they are likely to be achievable
  • whether the complaint raises issues of rights, safety, risk or quality, or a systemic issue or practice that may affect many people
  • the reasonableness of the service's actions and response to the complaint
  • how to resolve complaints in the most appropriate and timely way
  • whether seeking an acknowledgement, answers, action and/or apology (the '4 As' of complaint resolution) may address your concerns or support your recovery

The MHCC’s rights-based approach to complaints resolution also guides our strategic work and our input into the work of other organisations. We regularly share information and work together with public mental health services, the Chief Psychiatrist, the Department of Health and other bodies to ensure that services uphold the rights of the people who use them.  

Reviewed 14 April 2021

Mental Health Complaints Commissioner (MHCC)

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