Complaints & Appeals

Definition

A complaint may be regarded as a situation or decision a learner is not in agreement with and may be related to such matters as but not limited to: facilities, staff, Trainer/Assessor, third party, fees, another learner, finance issues, support, course progress or attendance.

An appeal shall be defined as a learner or applicant who is in disagreement with an assessment decision or application for enrolment decision.

Any person wishing to make a complaint against the RTO or to make an appeal regarding an assessment/application decision, shall have access to the complaint/appeal procedure available via the Diversitat Training website, or from reception.

Diversitat Training’s policies and procedures provide an avenue for all complaints and appeals to be addressed ensuring that the principles of natural justice and procedural fairness are adopted at every stage.

A decision maker must;

  • be free from bias
  • give the complainant/appellant an adequate opportunity to present their case
  • show that they have fully investigated all aspects of the complaint/appeal to properly assess the situation prior to making a decision
  • make a decision based on evidential facts

Principles

The Complaint/Appeal Policy and Procedure is based on the following principles:

  • That all Diversitat Training Learners and applicants have the right to make a complaint/appeal and have it handled in accordance with our Complaint/Appeal Policy.
  • The Complaint/Appeal Policy should be seen by both Diversitat Training staff, Learners and applicants to be a positive and productive mechanism and will be undertaken in good faith by all parties.
  • The policy and procedures need to safeguard the privacy of all parties involved and all documents secured in such a way as to provide confidentiality.
  • Staff will attempt to provide information in a language and format that the person is likely to understand.
  • Staff will support people who use our services through the complaint/appeal process.
  • Staff will ensure that people making a complaint/appeal are not adversely affected.

Informing Learners about the Complaint/Appeal mechanism

The complaint/appeal policy and procedure is publicly available on the Diversitat Training website and will also be addressed at the time of enrolment application by way of the Learner handbook informing learners that:

  • Diversitat welcomes complaints/appeals and comments because they help create a better service;
  • Learners have the right to complain if they are unhappy about any part of our service;
  • Learners have the right to appeal if they are unhappy about any part of an assessment decision or application for enrolment.
  • Learners are able to bring the complaint/appeal to the attention of whichever staff member that they feel most comfortable with;
  • Learners have the right to decide whether they want to instigate informal or formal complaint/appeal procedures and to move from informal to formal as they see fit;
  • If the complainant/appellant doesn’t feel comfortable writing or speaking English, or feel that they need some support during the interview, they may bring along a friend or family member or organise an interpreter.

Informal Complaint Procedure

It is expected that many concerns will be resolved in the first instances directly with the persons concerned through a process of discussion and local investigation.

An informal procedure can be initiated by the complainant/appellant contacting the staff member they feel most comfortable with or in their opinion is the most appropriate person to assist in the resolution of the grievance, or the Program Manager. This approach can be instigated by way of a personal interview or conversation.

During this interview or conversation both the complainant/appellant and staff member will endeavour to work towards a mutually satisfactory resolution.

The complainant/appellant has the right to be fully heard without bias.

If a resolution is agreed upon, at the conclusion of this interview or conversation, the  agreed steps to be taken and the timeframe to resolve the conflict shall be confirmed in writing from the Diversitat staff member to the complainant/appellant. Management and Quality & Compliance will be kept informed throughout the process.

The staff member in question will then be responsible for maintaining communication with the complainant/appellant as to the progress of the resolution and the complainant/appellant will be responsible for giving open honest feedback to the staff member.

If the staff member feels that a satisfactory resolution can be achieved without identifying the source of the grievance the confidentiality of the complainant/appellant will be protected.

If however the staff member feels that a satisfactory resolution is dependent upon the identification of the source of the grievance this should be done in keeping with Diversitat’s Confidentiality Policy.

If at any time the complainant/appellant is unhappy with the progress towards resolution of the grievance they are free to move from informal to formal complaint/appeal procedures.

If after several attempts to resolve the grievance using informal procedures the grievance is still unresolved, the parties should move onto formal complaint/appeal procedures.

The complaint/appeal will be documented by Quality and Compliance in Diversitat Training’s Complaints/Appeals Register.

Formal Complaint/Appeal Procedures

Formal complaint/appeal procedures should be initiated by completing the Complaint/Appeal form but may also be submitted in other ways. The form is available on Diversitat Training’s website or from reception, and forwarding to Quality and Compliance. compliance@diversitat.org.au

Once the formal complaint/appeal has been received the following formal procedures are to be entered into immediately.

The recipient of the complaint/appeal will acknowledge receipt of the complaint/appeal in writing, within 2 working days of receipt, and inform the complainant/appellant that formal complaint/appeal procedures will now be instigated.

If the complaint/appeal was received by a staff member other than Quality and Compliance, the staff member receiving the complaint/appeal will notify Quality and Compliance for recording.

The complaint/appeal will be investigated by the program manager who will obtain all relevant information from staff and the complainant/appellant.

If the allegations are of a serious nature, Diversitat has a duty of care to ensure that the safety of all learners, staff and the public is maintained and as such may apply a suspension until the complaint/appeal process has been finalised.

If required, an interview will be scheduled involving all relevant parties and chaired by the Manager or Quality and Compliance.

At this interview every attempt will be taken to resolve the conflict and a record of the interview including details of the strategies agreed upon to resolve the conflict will be prepared and distributed to all relevant parties.

Any resolution will contain a time frame of events.

All formal complaint/appeal reports are to be kept by Quality and Compliance in a manner that will ensure the confidentiality of all parties involved. Copies of the report will be given to each of the parties involved, who in turn will respect the right to privacy and confidentiality of all other parties in the way they store and handle the report.

If after the first interview the parties involved are unable to agree to a resolution (whoever conducted the interview) will then prescribe a plan of action and nominate a time frame for implementation and review aimed at resolving the conflict.

Wherever possible all grievances will be resolved within 15 days. If it is expected that the resolution will take longer than this, the complainant/appellant, if not already informed, will be notified in writing of the delay and the reasons for this and the new expected time frame.

If at any time the complainant/appellant is unhappy with the complaint/appeal procedure and feels that the complaint/appeal cannot be satisfactorily resolved it is their right to pursue the matter further by requesting that it be reviewed by an appropriate independent external body. This shall be at the cost of the complainant/appellant.

Reviewing complaints/appeals

Managers and or Quality & Compliance will review all formal complaints/appeals to identify the root cause of the complaint/appeal and implement any required actions to eliminate or mitigate the likelihood of recurrence.

Monitoring & Follow Up of Complaints/Appeals

After a formal complaint/appeal has been made and steps have been taken to reach a resolution, it will be monitored and followed up by Quality and Compliance to ensure that the complainant/appellant is satisfied with the way in which the complaint/appeal was handled, determine if the grievance has in fact been resolved and to inform the complainant/appellant of any changes in procedures as a result.

Maintaining records

Quality and Compliance will retain electronic copies of documents related to the complaint/appeal and will enter the details into the Complaints/Appeals Register.

Quality and Compliance will review at a minimum annually, individual and aggregated complaints/appeals to identify opportunities for systemic improvements, including improvements to the complaint/appeal process.

External Mediation

If the learner is not satisfied with the handling of their complaint by Diversitat Training, or there are extenuating circumstances that preclude the learner from lodging their complaint directly with Diversitat, they may lodge their complaint with the registering body, ASQA.

ASQA Complaints
ASQA Infoline: 1300 701 801
Email – enquiries@asqa.gov.au
http://asqa.gov.au/complaints/make-a-complaint—domestic-students/make-a-complaint—domestic-students1.html

Disciplinary Policies and Procedures for Learners

A learner who consistently fails to abide by the Code of Conduct for learners, or continually and blatantly abuses learner Responsibilities (see Learner Handbook), or breaches the Equal Opportunity (EEO) and Prevention of Discrimination, Harassment and Bullying policy (section 9) of the organisation will be subject to a disciplinary process.

Any learner found to have acted with severe misconduct against the Code of Conduct or the above-mentioned policy will face disciplinary action which may include immediate removal from the training environment and/or withdrawal from any further training. If the matter is criminal in nature, it will be placed in the hands of the relevant authorities.

Submit a Complaint