Our approach to complaint handling and compliance monitoring

Our approach to complaint handling and compliance monitoring

As part of our foundational year, the Mental Health and Wellbeing Commission (the Commission), has developed our approach to complaints handling and compliance monitoring (our approach).

Our approach to complaint handling and compliance monitoring has been guided by the 'towards best practice guide for regulators(opens in a new window)' and outlines how we’ll exercise our compliance powers, from individual complaints to broader systemic concerns.

Background

Our approach provides information on how we will exercise our powers and provide rigorous system oversight as set out in the Mental Health and Wellbeing Act 2022. It delivers details that inform the Commission’s operational policies and processes.

Key messages

• The Commission plays a crucial role in overseeing the quality and safety of the mental health and wellbeing system. As an independent statutory authority, we hold the government accountable for system performance.
• We are not a system regulator. However, we play an important role within the mental health and wellbeing system by collaborating with other entities responsible for regulation and oversight.
• The Commission collaborates with a network of entities and uses mechanisms to ensure effective governance and to ensure the performance, quality and safety of the mental health and wellbeing sector.
• We use a range of measures including informal resolution, formal resolution and formal investigations to make recommendations and service improvements. The Commission may conduct detailed reviews for unresolved or serious issues.
• The Commission can accept undertakings and issue compliance notices (in limited circumstances) while dealing with a complaint or following an investigation.
• Responses to an improvement advice may indicate if further action is required or if an undertaking is suitable. Failure to respond to a written request may result in a penalty. The Commission monitors undertakings and failure to demonstrate change may result in further actions.
• The Commission may issue a compliance notice if we are not satisfied that recommendations alone are suitable based on a range of criteria, including the severity of the issue/s or; the history of the service, such as when commitments have not been previously fulfilled by the service.

You can download our approach below.

You can download the accessible version of our approach, which is compatible with assistive technologies, below: