Mental Health Act 2014

Having accepted a complaint and complied with section 328(6), the Director may, by negotiating with the complainant and the respondent, attempt to bring about a settlement of the complaint that is acceptable to the parties to it.

For the purposes of subsection (1), the Director may make any inquiries the Director considers appropriate.

If the complaint is not settled under subsection (1) on or within 56 days after the day on which the Director complies with section 328(6) or by the end of any extension of that period under subsection (4), the Director must —

refer it for conciliation under section 332 if, in the Director’s opinion, it is suitable to be dealt with under that provision; or

investigate it if, in the Director’s opinion —

it is not suitable to be dealt with under section 332; and

an investigation is warranted, having regard to the likely costs and benefits of the investigation.

The Director may extend the period for attempting to bring about a negotiated settlement if it is for the benefit of the complainant to do so.

If the Director decides a complaint is not suitable to be dealt with under section 332 and does not warrant investigating, the Director must advise the complainant in writing —

of the decision; and

that the Director will take no further action on the complaint.

Evidence of anything said or admitted during any negotiation conducted under subsection (1) is not admissible in proceedings before a court or tribunal.

Despite the Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in subsection (6) may be disclosed to the Parliamentary Commissioner for the purposes of an investigation under that Act.