Table 1 Inconsistent complaints process across jurisdictions
From: Missing in action: the right to the highest attainable standard of mental health care
Mental Health Acts in Australia | Complaints process |
|---|---|
Mental Health Act 2014 (WA) | A complaint is to be brought directly to the mental health service provider or a complaint to the Director under the Health and Disability Services (Complaints) Act 1995 (WA) |
Mental Health Act 2014 (VIC) | The Mental Health Complaints Commissioner (MHCC) was created under the Mental Health Act 2014  (the Act) to help safeguard and promote the rights of consumers, carers, families, and support people in Victoria. The Act includes 12 mental health principles that must be upheld by staff of public mental health services |
Mental Health Act 2009 (SA) | No specific complaints process for mental health service provision, rather complaints are governed through the Health and Community Services Complaints Act 2004 |
Mental Health Act 2016 (Qld) | No legislative direction on the process of complaints but only a directive to the Office of the Chief Psychiatrist can investigate serious matters concerning the administration of the Mental Health Act including the rights of patients |
Mental Health Act 2007 (NSW) | No complaints process referenced |
Mental Health Act 2015 (ACT) | No complaints process referenced |
Mental Health Act 2013 (TAS) | No complaints process referenced |
Mental Health and Related Services Act 1998 (NT) | Internal complaints procedure for mental health service provision |