Complaints and Appeals Process V
This policy and procedure is to provide clear and practical guidelines to ensure that complaints and appeals lodged with the RTO can be resolved, equitably and efficiently, in accordance with the principles of natural justice. The Complaints and Appeals Policy is there to manage and respond to allegations involving the conduct of the RTO, its trainers, assessors or other staff, a third party providing services on the RTO’s behalf, its trainers, assessors or other staff or student of the RTO.
Complaint: Include, but are not restricted to, matters of concern to discrimination; and sexual harassment or the way the person feels as though they are being treated differently and inappropriately
Appeal: to dispute an academic result
Natural Justice is concerned with ensuring procedural fairness:
- Decisions and processes should be free from bias;
- All parties have the right to be heard;
- The respondent has a right to know of what s/he is accused;
- All parties are told the decision and the reasons for the decision.
The RTO acknowledges that a student or a member of the public, who has a complaint or appeal, has the right to raise the complaint or appeal and expect that every effort will be made to resolve it in accordance with this policy, without prejudice or fear of reprisal or victimisation. The person has the right to present the complaint or appeal formally as well as in writing.
The RTO will manage all complaints and appeals fairly, equitably and as efficiently as possible.
The RTO will encourage the parties to approach the complaint or appeal with an open mind and to resolve problems through discussion and conciliation. Where a complaint or appeal cannot be resolved through discussion and conciliation, the RTO acknowledges the need for an appropriate external and independent person to mediate between the parties. The parties will be given the opportunity to formally present their case to the independent person. Cost of the third party to provide mediatation will be at the expense of the party who wishes to engage the third party.
Confidentiality will be maintained throughout the process of making and resolving complaints. The RTO seeks to protect the rights and privacy of all involved and to facilitate the return to a comfortable and productive learning environment.
A copy of this Policy is available to all students and staff via the RTO, is also available in the Student Handbook and www.csisafety.com.au under the “for Students” TAB.
Where complaints or appeals have been received, RTOs must securely keep evidence of how the matter was dealt with and the outcome (including the timeframes). The RTO will use this information received via any complaint to review the RTO’s processes and practices to ensure the issue doesn’t happen again.
Should a complaint or appeal be lodged, the following steps are to be followed:
- If appropriate and possible, the issue should discuss with the person involved to try and resolve it verbally.
- If no resolution is reached the complainant should discuss the issue with their trainer/supervisor/manager to see if it can be resolved.
- If still no resolution can be reached, or the issue is not related to a fellow student or a trainer, the student must put the following information relating to the complaint or appeal in writing using the Complaints or Appeals Form. For a copy of the Complaint or Appeals form please contact the Creative Safety Initiatives office or it can be located at www.csisafety.com.au under the “For Students” TAB. The student can attention the letter to Complaints and Appeals- Creative Safety Initiatives- Po Box 361 Dickson ACT 2602.
- The CEO will be notified of the complaint or appeal.
- If appropriate, the person making the complaint should bring the complaint or appeal to the attention of the trainer within seven (7) days of the issue taking place.
- If the person making the complaint is not a student but a member of the public then the complaint will be dealt with by a member of the senior staff.
This process must commence within 48 hours from the time of receiving the complaint in writing. A response / acknowledgment must be presented within 20 days.
The senior staff member must review the complaint and arrange a time for all parties to formally present their side / version of events. This should be arranged at separate times, ensuring neither party faces prejudice or fear of reprisal or victimisation.
- Once all parties have had a chance to present their information, the senior member of staff will provide a written response to all parties confirming the outcome of the complaint within the 20 day period.
- Should the issue still not be resolved to the satisfaction of the person making the complaint there is an option to introduce a third party. All parties will be given the opportunity to formally present their case. The time frame for this process may vary but should take no longer than 20 days. Cost of the third party to provide meditation will be at the expense of the party who wishes to engage the third party.
- If any party is still not happy with external mediation, they may take their complaint to the Australian Skills Quality Authority (ASQA- https://www.asqa.gov.au/complaints) or other relevant body
- Where the RTO considers more than 60 calendar days are required to process and finalise the complaint or appeal, the RTO will inform the complainant or appellant in writing, including reasons why more than 60 calendar days are required, and regularly updates the complainant or appellant on the progress of the matter.
- All documentation relating to complaints or appeals should be securely archived for audit purposes and registered in the Complaints Register. Documentation regarding Complaints or appeals are to be filed in the RTO compliance drive.
Please see below related Forms