Key messages
- Anyone can make a complaint about mental health and wellbeing services.
- All feedback, including complaints can help identify ways in which the mental health and wellbeing system can be improved.
- Complaints can be made directly to a mental health and wellbeing service provider. All mental health and wellbeing service providers must have procedures for receiving, managing and resolving complaints.
- Complaints can also be made to the Mental Health and Wellbeing Commission.
Anyone can make a complaint about mental health and wellbeing services.
Complaints can be made:
- directly to a mental health and wellbeing service provider. All mental health and wellbeing service providers must have a process for receiving, managing and resolving complaints
- to the Mental Health and Wellbeing Commission (the Commission). The Commission is an independent statutory authority established to oversee the performance, quality and safety of the mental health and wellbeing system and safeguard rights.
Complaints can be made to the Commission in relation to any matter arising from:
- the provision of mental health and wellbeing services by a mental health and wellbeing service provider
- a failure by a mental health and wellbeing service provider to provide services to a consumer
- a failure by a mental health and wellbeing service provider to make all reasonable efforts to comply with the principles of the Act
- the way in which a complaint was handled by a mental health and wellbeing service provider.
Complaints can also be made by a carer, family member or supporter in relation to their experience in that role.
The Commission can assist a person to make a complaint and has powers to support the resolution of complaints and to investigate complaints if appropriate.
For more information, see A new Mental Health and Wellbeing Commission for Victoria.
How does this compare with the Mental Health Act 2014?
The complaints handling functions of the Mental Health Complaints Commissioner under the Mental Health Act 2014 will fold into the new Commission from 1 September 2023.
The Mental Health and Wellbeing Act 2022 introduces a new right for carers, family members and supporters to complain in their own right about their experience in the caring or support role.
Reviewed 01 September 2023