2 steps: Making a complaint about mental health care

Important: before you make a complaint – read about how to get your complaint ready by using the link on the left side of this page – Collecting information and making a complaint.

To make a complaint about a mental health care, there are 2 steps you can follow:

1. If you feel comfortable, raise your complaint with the person in charge of the healthcare services at your prison (Health Services Manager); or
2. Make a complaint to the Mental Health and Wellbeing Commissioner (MHWC).

Step 1: If you feel comfortable, raise your complaint with the Health Services Manager at your prison

The Health Services Manager is the person in charge of the healthcare service at your prison.

Complaints to the Health Services Manager can be made in writing (a letter) or in person. It can be helpful to make a complaint in writing so that you have a hard copy of what you said and any response you get.

Important: make sure you keep a record of any complaints you make, and any response you get from prison staff.

When making a complaint to the Health Services Manager, make sure you let them know:

• What went wrong
• How the issue impacted you
• What would make things right for you

It can help to think about these points before you have the conversation and make some notes of what you want to say. This means you will feel prepared and are more likely to say everything you want to say clearly.

If you want to talk more about the best way to talk about your healthcare issue with the prison healthcare service, you can call the Mental Health and Wellbeing Commission by phone:

You can use the free line to call the Ombudsman from 9am – 4.30pm on weekdays:

• Enter your prisoner ID number
• Press *03

If you need an interpreter, you can ask for one when you call.

The call is free of charge, and the MHWC number does not need to be on your phone list.

Important: calls to the MHWC should not be recorded or monitored. If you call the number and get the warning that your call is being recorded, hang up and tell prison staff immediately.

Step 2: Make a complaint to the Mental Health and Wellbeing Commission (MHWC)

If you are unhappy with how the healthcare service at your prison has handled your complaint, or you don’t feel comfortable raising your complaint with them directly, you can bring your complaint to the Mental Health and Wellbeing Commission (MHWC).

Making a complaint to the MHWC is free and you don’t need a lawyer.

Important: you do not have to have made a complaint to the prison healthcare service before lodging your complaint with the Mental Health and Wellbeing Commission.

You can make a complaint to MHWC by:

• Phone phone
• Writing a letter
• Sending an email

You can also ask someone else to make a complaint for you – like a partner, family member, friend or lawyer. HCC will ask for your consent first.

People outside prison can call the MHWC on 1800 246 054 or complete an online form on the MHWC website.

By phone

You can use the free line to call the Ombudsman from 9am – 4.30pm on weekdays:

• Enter your prisoner ID number
• Press *03

If you need an interpreter, you can ask for one when you call.

The call is free of charge, and the MHWC number does not need to be on your phone list.

Important: calls to the MHWC should not be recorded or monitored. If you call the number and get the warning that your call is being recorded, hang up and tell prison staff immediately.

Writing a letter

You can write a letter using the following address: rite your letter to:

Mental Health and Wellbeing Commission
Level 26, 570 Bourke Street
Melbourne VIC 3000

Mail to the MHWC is free of charge.

Important: mail to the MHWC is exempt mail. That means prison officers are not allowed to open your letters to or from the MHWC, except in very specific circumstances. For more information on Mail, click here.

Sending an email

Send your email with details about your complaint to help@mhwc.vic.gov.au.

What to include in your complaint

Make sure you include:

• That you want to make a complaint
• Details of exactly what happened
• The impact of the issue on you
• If possible, the name, address and contact details of the person/prison you are complaining about
• Any supporting evidence or documents, like a copy of the letter of complaint written by you to the prison, or a copy of their response

Can someone complain on my behalf?

Yes, but they must have your authority/consent.

Source: Mental Health and Wellbeing Commission website