What happens after I make a complaint to the Mental Health and Wellbeing Commission (MHWC)?

Once the Mental Health and Wellbeing Commission gets your complaint, they will review it and consider the best way to resolve it.

The Mental Health and Wellbeing Act 2022 (Vic) says that the MHWC must try to deal with complaints as quickly and as informally as possible.

There are three types of action the MHWC might take when responding to your complaint:

1. Early resolution
2. Formal resolution
3. Investigation

Scroll down for more information on each type of action.

Early resolution

The MHWC will usually start by seeing if the issue can be worked out directly with the prison healthcare service. They might ask if you want support with making a complaint yourself, or if you would like the MHWC to reach out to the prison healthcare service on your behalf and ask them to contact you. This is called direct resolution.

The MHWC can also act as a middle person between you and the prison healthcare service, so you don’t have to speak to the health service directly. They can speak to you and the healthcare service to understand both sides of the issues and try to find a solution that works for everyone. This is called indirect resolution.

If you cannot come to an agreement with the prison healthcare service at this stage, the MHWC could:

1. Let you know that they are no longer able to assist and explain why; or
2. Start a formal resolution process; or
3. Start an investigation.

Formal resolution

If the MHWC thinks there are more steps that could be taken to try and resolve the issue, they might start a formal resolution process. The formal resolution process has a few steps:

Step 1:The MHWC will ask you more about the outcomes you are wanting, and work with you to make a ‘resolution plan’. A resolution plan sets out what steps can be taken to resolve your complaint issue, which could include things like meetings with the prison healthcare service, accessing your medical records and reports, and reviewing the healthcare service’s policies and procedures.

MHWC can also help you write out a formal complaint. They will give this to the prison healthcare service and ask them for a response.

Step 2:The prison healthcare will respond to your complaint. If the prison healthcare service agrees to make changes to its service, this agreement can be put in writing and given to you.

Step 3: The MHWC can make suggestions for service improvements, and check later with the prison healthcare service to see if they have made the changes.

Investigation

At any time while dealing with your complaint, the MHWC can decide to do a more intensive and detailed investigation. Investigations are usually used for large or very complex complaints. They can take a few months to several years to complete.

Possible outcomes

Some of the outcomes from MHWC’s involvement in your complaint could be:

• The prison healthcare service acknowledging your experience
• The prison healthcare service giving answers or explanations about what happened
• The prison healthcare service apologising to you
• The prison healthcare service taking action about the issue – this could be action related to your individual case, or changes to their service in general to make it better for everyone

Remember: the MHWC can’t force the prison healthcare service to do anything. However, issues can be resolved by getting MHWC involved.

Source: Mental Health and Wellbeing Commission website