1.2 The ABC will apply the following criteria in determining proportionate complaint handling:

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1 ABC Complaint Handling Procedures 1 Principles Good complaint handling is a necessary part of self-regulation. Listening to and responding to complaints and taking action when warranted is important for both accountability and continuous quality improvement. All complaints have the potential to escalate if they are not dealt with appropriately. 1.1 Procedures are to be interpreted having regard to: Statutory framework, including: ABC Act The ABC Board s duty to develop Codes of Practice relating to programming, and notify those codes to the Australian Communications and Media Authority (ACMA). Broadcasting Services Act A complainant is entitled under section 150 of the Broadcasting Services Act 1992 (Cth) to take their complaint about a Code of Practice matter to ACMA if, after 60 days, the ABC fails to respond to the complainant or the complainant considers the ABC s response inadequate Recognised standards of objective complaint handling: fairness, accessibility, responsiveness, efficiency, and integration within the core activities of the organisation. 1.2 The ABC will apply the following criteria in determining proportionate complaint handling: seriousness of the matter; likelihood of harm; potential to mislead; proximity of person raising the matter to the substance of the matter; scale of audience response; and degree of risk of damage to public trust and confidence in the ABC. 1.3 Where practicable and warranted, the ABC will endeavour to resolve complaints. A complaint is resolved where the division takes steps to remedy the cause of complaint usually prior to or within 30 days of the ABC receiving the complaint, and the steps are considered by Audience and Consumer Affairs to be appropriate such that further processes to uphold, partly uphold or not uphold the complaint would add nothing of substance. 1.4 The ABC seeks to deal with complaints as quickly as possible and aims to respond within 30 days of receipt. Due to the complexity of some complaints and the availability of staff, some complaints may take longer to finalise. 1

2 1.5 These Procedures are subject to the discretion of the ABC Managing Director, to intervene and determine any matter at any time by any process the Managing Director thinks fit. 1.6 Where, after applying the proportionality criteria in Section 1.2, particular complaints are assessed as urgent, Audience and Consumer Affairs will bring these matters to the attention of the Managing Director and, at his or her discretion, these complaints may be fast-tracked to ensure a response is finalised within 30 days. This may involve the provision of additional resources; the use of a streamlined process or any other appropriate measures. 1.7 The ABC is committed to respecting the confidentiality of complaints. However, where the complainant is an organisation, or a complaint is a matter of public record, the ABC may elect to make the identity of the complainant and the ABC s response publicly available. 2 Definitions 2.1 Audience and Consumer Affairs is a unit of the ABC separate from the content-making divisions of the ABC and responsible to the Managing Director or the Managing Director s nominee. 2.2 Authorised Decision-maker is an ABC staff member (generally of Audience and Consumer Affairs) authorised in writing by the Managing Director to make findings about editorial complaints in accordance with these Procedures. 2.3 What is a complaint? Written complaint A written complaint is made in writing and lodged with the ABC by letter, or web form submission. It does not include comments and other user-generated content posted to discussion boards or other interactive services. Editorial complaint An editorial complaint is a written complaint about one or more specific items of ABC content, in most instances content that has already been broadcast or published by the ABC, alleging a breach of the ABC s editorial standards as expressed in the ABC Editorial Policies or ABC Code of Practice, and with an expectation of a response. The complaint need not refer specifically to the ABC Editorial Policies or Code of Practice, or use the language of those standards to be considered an editorial complaint. 3 Procedures for handling audience complaints by divisions 3.1 Telephone complaints Many people prefer the immediacy of making a complaint by telephone, including complaints about serious editorial matters, and it is the responsibility of the relevant divisional director to make arrangements for the handling of telephone complaints about 2

3 their services and content. Telephone complaints will generally be handled directly by the content area concerned Every effort should be made to resolve telephone complaints during the initial call, or to arrange an appropriate person to call back In some circumstances callers will be asked to put their complaint in writing. This is appropriate where the matter is complex, or where the complaint relates to editorial standards and the caller prefers that the matter be addressed by Audience and Consumer Affairs. In these cases the caller can be directed to the ABC audience complaints form or to send their complaint to the ABC postal address If the caller becomes abusive it is within the discretion of the ABC staff member to politely end the call. If the person makes implicit or explicit threats, either to themselves or others, then the staff member should contact ABC Security Where a caller seeks a written response to a telephone complaint, they will generally be asked to put their complaint in writing. However, if the caller has genuine difficulties in writing (for example, language, literacy, disability), the call taker will make a written summary of the caller s complaint to forward to the appropriate area for handling. 3.2 Non-editorial written complaints Written complaints that do not relate to alleged breaches of the Editorial Policies or Code of Practice may be handled directly by content areas Divisional directors are responsible for putting in place arrangements to ensure that complaints are handled by the responsible editorial line manager and receive an appropriate response Audience and Consumer Affairs may respond to written non-editorial complaints on behalf of divisions as agreed, or at the direction of the Managing Director or Chairman. In preparing such responses, Audience and Consumer Affairs will receive the reasonable assistance of divisional staff Non-editorial written complaints which require input from more than one division can be coordinated by Audience and Consumer Affairs. 4 Procedures for handling editorial complaints 4.1 Receipt and assessment Editorial complaints received in writing should be promptly referred to Audience and Consumer Affairs Audience and Consumer Affairs will write to the complainant, as necessary, to acknowledge receipt of their complaint. 3

4 4.1.3 Audience and Consumer Affairs will assess the complaint against the proportionality criteria in section 1.2 to determine whether or not to accept it for investigation Where Audience and Consumer Affairs accept a complaint for investigation, it will assess the seriousness and complexity of the matter to determine the resources that will be applied. The extent of resources for a complaint investigation should be proportionate to the nature of the complaint. Reasons that a complaint may not be accepted for investigation include: a the complaint does not refer to a specific item of ABC content; b the complaint concerns content which is or becomes the subject of legal proceedings; c the complainant does not have a sufficient interest in the subject matter of the complaint, where the complaint alleges a breach of Fair and honest dealing (Standards ) or Privacy (Standard 6.1); d Audience and Consumer Affairs exercises its discretion to refer a matter to the content team for direct response; e the complaint is frivolous or vexatious or not made in good faith; f the complaint was lodged with the ABC more than six weeks after the date the content was last broadcast or published by the ABC, unless Audience and Consumer Affairs accepts the complaint for investigation, having regard to: (i) the proportionality criteria explained in section 1.2; (ii) the availability of the content which is the subject of the complaint; (iii) the reason/s for the delay; and (iv) any prejudice the delay may have on the ABC s ability to investigate and determine the complaint fairly. If a complaint is not accepted for investigation, as necessary, Audience and Consumer Affairs will write to the audience member advising them of this decision. 4.2 Referral of matters back to content divisions for handling Where Audience and Consumer Affairs refers an editorial complaint to a division for response, the division is responsible for the creation and retention of appropriate records. This includes retention of a copy of any written complaint and any written response to the complainant If the complaint relates to a Code of Practice issue, in its response, the division will advise the complainant of the option to refer the matter to the Australian Communications and Media Authority (ACMA) if the complainant remains dissatisfied. 4

5 4.2.3 Complaints requiring clarification (for example, general complaints of bias) will usually be referred back to the content divisions for handling. Audience and Consumer Affairs may also clarify complaints on behalf of divisions. 4.3 Audience and Consumer Affairs Investigation Provision of broadcasts, publications and facts and arguments Audience and Consumer Affairs will notify the division/s of its decision to accept an editorial complaint for investigation usually within three days; provide the division with a copy of the complaint; identify the editorial standard/s that it considers most relevant; and identify any other material required for the review The division will provide Audience and Consumer Affairs with a timely response, usually within one week, that: substantively addresses compliance with the relevant editorial standards; provides copies of any relevant broadcast and/or published material requested by Audience and Consumer Affairs; and includes any other information or materials which will assist the investigation During consideration of material provided, Audience and Consumer Affairs may request further information or argument from the division. The division will provide a response to such requests as quickly as possible. Notifying relevant staff and facilitating access Divisions may give Audience and Consumer Affairs a general invitation to liaise directly with the division s staff and contractors regarding complaints Divisions may nominate one or more divisional representative(s) to coordinate complaints with Audience and Consumer Affairs, take responsibility for responses and arrange access for Audience and Consumer Affairs to program makers Divisional representatives are to ensure staff and contractors directly affected by an investigation are appropriately informed of the investigation and its outcome, including complaints accepted by ACMA for investigation. To meet the fundamental requirement of fairness in complaint handling, any staff who may be adversely affected by the outcome of the investigation must have the opportunity to be heard during the investigation and appropriately informed of the outcome. Providing a preliminary finding Audience and Consumer Affairs will make a preliminary finding about whether a complaint is upheld, not upheld, partly upheld, or resolved (see principle 1.3 above). If a preliminary finding is that a complaint is upheld or partly upheld, Audience and Consumer Affairs may also recommend a remedy, but may not mandate one The preliminary finding and any recommended remedy will be sent to the divisional representative or content area for comment and agreement. The divisional representative or content area may accept the preliminary finding and advise Audience and Consumer 5

6 Affairs as soon as practicable and in any case within three business days of receipt of the finding If the divisional representative or content area disagrees with the preliminary finding, and is unable to persuade Audience and Consumer Affairs to revise it, Audience and Consumer Affairs will bring the finding to the personal attention of the director. Audience and Consumer Affairs may also choose to bring preliminary findings to the attention of the director in other cases it considers warrant such attention, for reasons such as the particular compliance issues raised, the number of complaints received about a particular issue or the identity or nature of the complainant The divisional director may accept the preliminary finding and advise Audience and Consumer Affairs as soon as practicable and in any case within three business days of receipt of the finding. Should the director disagree with the preliminary finding, he/she may notify Audience and Consumer Affairs that further relevant facts or arguments will be provided to Audience and Consumer Affairs within seven days of the preliminary report having been received Audience and Consumer Affairs must consider any further facts or arguments provided by the director and, to the extent that the material does not change Audience and Consumer Affairs view, reasons must be given in the final decision. Finalising the complaint ACMA The division is responsible for determining, implementing and recording any remedy or penalty arising from a complaint investigation Audience and Consumer Affairs will write to the complainant advising of the finding/s of the investigation, any remedial action that the division will be taking or has already taken and, in applicable cases, the complainant s option to refer a matter to ACMA If the complainant refers a matter to ACMA, Audience and Consumer Affairs will be responsible for representing the ABC in the ACMA proceeding. In circumstances where a complaint which has been responded to directly by a division is subsequently accepted by ACMA for investigation, Audience and Consumer Affairs will, if necessary, conduct its own expedited investigation of the matter in order to establish the ABC position that will be represented to ACMA. 5 Termination of correspondence 5.1 Frivolous, vexatious, not in good faith In cases where a complainant repeatedly submits complaints which are frivolous, vexatious or not made in good faith, it may be appropriate to consider terminating all 6

7 correspondence. Decisions to terminate correspondence on this basis may only be made by the relevant director/s and the Head of Audience and Consumer Affairs, in consultation with one another If a decision is made to terminate correspondence, the Head of Audience and Consumer Affairs will write a letter to the complainant advising of the decision and stating the reasons it was made. 5.2 Unable to satisfy complainant after reasonable efforts The ABC will also consider terminating correspondence with a complainant on a particular issue in cases where the ABC has clearly been unable to satisfy a complainant, despite reasonable efforts having been made. The correspondent should be advised that the ABC will not continue to engage in correspondence on that particular matter. However, complaints about new issues should be considered and a response provided where appropriate. Published August