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Victoria\u2019s watchdog for mental health complaints has not issued any compliance notices to service providers despite receiving more than 16,000 complaints over the past decade, prompting calls for an investigation into the system.<\/p>\n
Over the past five years, the Mental Health and Wellbeing Commission has issued just 22 \u201cenforceable undertakings\u201d \u2013 where serious issues were identified but providers admitted to problems and agreed to correct them.<\/p>\n
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Victoria\u2019s watchdog for mental health complaints has received 16,733 complaints over the past decade.<\/span><\/p>\n The commission\u2019s annual reports show it has received 16,733 complaints over its lifetime. But no compliance notices \u2013 its strongest enforcement option aimed at forcing providers to urgently improve \u2013 were issued over this period.<\/p>\n It cost $5.2 million to administer the commission in 2022\/23 alone.<\/p>\n Consultant Simon Katterl, who has previously been contracted by the Department of Health to provide mental health advice and has experience with the commission, said the statistics showed serious issues in the system.<\/p>\n Simon Katterl said more transparency about the recommendations the commission made to providers was needed.<\/span><\/p>\n Katterl said the Royal Commission into Victoria\u2019s Mental Health System had revealed evidence of human rights abuses in the sector, but the actions of the regulator showed the problems were not being addressed.<\/p>\n \u201cThere is no way you can get down to zero [complaints], if clinicians don\u2019t think that they\u2019re bound by the law,\u201d he said.<\/p>\n \u201cIt is not about creating some kind of police state for workers. It is just saying the law matters, and you\u2019ve got to learn about it and integrate it into your practice.<\/p>\n \u201cIf you do that, then the numbers will come down.\u201d<\/p>\n The MHWC was originally set up in 2014 as the Mental Health Complaints Commissioner to separate complaints about mental health services and clinics from those related to the broader health system. It examines problems reported by people who engage with these providers, including the use of restraints, seclusion or forced medication.<\/p>\n In September this year, legislation came into effect that turned it into a new body under its current name, with expanded powers and responsibilities. Reforming this system was among the recommendations made by the state\u2019s royal commission into the sector.<\/p>\n The commission says it also issued 827 recommendations that led to 1072 improvements to services, originating from complaints made to their office. In 2022-23, the commission made 45 recommendations that led to more than 90 improvements.<\/p>\n Until it was reformed this year, the commission only had the power to use its tougher enforcement powers as a last resort, if a service refused to engage with them.<\/p>\n University of Melbourne consumer academic Vrinda Edan, who has worked in mental health services, said she had firsthand experience managing complaints at hospitals when the commission was first set up.<\/p>\n \u201cMy experience at that time was incredibly poor,\u201d she said.<\/p>\n \u201cI\u2019ve seen that continue. I\u2019ve had multiple consumers talking at various times\u2026that there\u2019s no point in making a complaint to the commission.\u201d<\/p>\n Edan said the commission was set up because complaints related to mental health services were different from other parts of the health system and needed specific attention.<\/p>\n \u201cYou would not know any difference today in terms of responses to complaints than you did in 2014, prior to the commission starting.\u201d<\/p>\n Mental Health and Wellbeing Chair Commissioner Treasure Jennings said the new body had expanded powers and functions, including new laws that allowed it to conduct inquiries and report on systemic issues.<\/p>\n \u201cThe MHCC prioritised resolving complaints in a proportionate way that suited the needs of the individual and last financial year 80 per cent of in-scope complaints managed by MHCC were resolved to the satisfaction of the person making the complaint,\u201d she said.<\/p>\n A Victorian government spokesperson said the new independent commission started its remit on September 1 in an effort to achieve a safer and more accountable mental health system, backed by stronger laws.<\/p>\n \u201cThe purpose of the new body is to address concerns such as those outlined in the 8 August 2023 letter from Mr Katterl and other advocates \u2013 it is important we give the commissioners time to assess and provide recommendations on the issues it has been established to address,\u201d the spokesperson said.<\/p>\n \u201cWork is underway on 90 per cent of the royal commission\u2019s recommendation and these reforms are already transforming Victoria\u2019s mental health system \u2013 but it is important to acknowledge that change will not happen overnight.\u201d<\/p>\n<\/p>\n