Mental Health Complaints Commissioner

The MHCC under the Act

We are an independent specialist statutory body established under the Mental Health Act 2014.

The Mental Health Act 2014, Part 10 – Complaints, S228 Functions of the Commissioner   
The Commissioner has the following functions—

(a)  to accept, assess, manage and investigate complaints relating to mental health service providers;

(b)  to endeavour to resolve complaints in a timely manner using formal and informal dispute resolution as appropriate, including conciliation;

(c)  to issue compliance notices;

(d)  to consult persons or bodies for the purposes of fulfilling his or her functions under this Act;

(e)  to provide advice on any matter relating to a complaint;

(f)  to make the procedure for making complaints in relation to mental health service providers available and accessible, including publishing material about the complaints procedure;

(g)  to provide information, education and advice to mental health service providers about their responsibilities in managing complaints made by consumers;

(h)  to assist consumers and other persons referred to in section 232(1) to resolve complaints directly with mental health service providers, both before and after the Commissioner has accepted the complaints;

(i)  to assist mental health service providers to develop or improve policies and procedures to resolve complaints;

(j)  to identify, analyse and review quality, safety and other issues arising out of complaints and to make recommendations for improving the provision of mental health services to the following, as appropriate—

(i)  mental health service providers;
(ii)  the chief psychiatrist;
(iii)  the Secretary;
(iv)  the Minister;

(k)  at the request of the Minister, to investigate into, and report on, any matter relating to mental health service providers;

(l)  to perform any other functions conferred on the Commissioner by this Act or any other Act or the regulations.