COMPLAINTS, GRIEVANCES AND APPEALS PROCEDURE: RTO 008P

Transcription

1 POLICY PRINCIPLE 1. Scope From time to time a student, trainer/assessor, third party, staff/personnel may feel aggrieved about certain processes or decisions that have been made in regard to their learning or assessments. ITR is committed to maintaining an effective complaints, grievance and appeal handling system. The receipt of a complaint, grievance or appeal is taken seriously and is viewed as an opportunity to improve ITR s ability to meet the needs of its staff, participants and stakeholders. The purpose of ITR s complaints and appeals policy is to provide a student with access to procedures that facilitate the resolution of a dispute or complaint. The internal complaints and appeals processes are conciliatory and non-legal. Grievances brought by a student against another student will be dealt with under the RTO's behaviour policy. This procedure ensures the principles of natural justice and fairness. ITR POLICY REFERENCE PART 1 STUDENT COMPLAINTS, GRIEVANCES & APPEALS Definitions RTO-006POL Records Management PROCEDURE RESP REFERENCE A complaint shall be defined as dissatisfaction with any aspect of the service provided by ITR. Complaints may be either formal or informal: A complaint is considered to be informal when it is made verbally. It is also considered to be informal when it is made in writing and addressed to the person against whom the complaints is being made, UNLESS a signed copy of that letter is also sent to the RTO Manager. A formal complaint may be made by an individual forwarding a signed letter outlining the basis of their complaint to the RTO Manager within three months of the alleged incident / issue becoming known. A grievance shall be defined as the belief that the student was discriminated against, treated unfairly or otherwise hindered in the completion of their training or assessment. An appeal shall be defined as an appeal against an outcome decision, which may be the decision of a previous complaint raised, a recognition decision or the outcome of a final assessment decision. SAO DOCUMENTS VQF 2015 Standards for Registered Training Organisations 2015 Authorised: RTO Manager When printed this is an uncontrolled version Page 1 of 12

2 POLICY PRINCIPLE ITR POLICY REFERENCE PROCEDURE RESP REFERENCE DOCUMENTS 2. Process ITR guarantees that students and clients have access to a fair and equitable process for dealing with their concerns. ITR will make every effort to resolve a student s complaint, grievance and/or appeal. The Complaints, Grievances and Appeals Policy and Procedure will be made known to all students at the time of enrolment. In addition, an ITR staff member will be identified to students and clients as the person to whom to refer such matters. The Complaints, Grievances and Appeals Procedure is confidential and any complaints or appeals are a matter between the parties concerned and those directly involved in the complaints handling process. RTO-006POL Records Management 3.1 Informal Complaints Resolution a. ITR expects in the first instance that there is an attempt to informally resolve the issue through mediation/informal resolution. b. Students should contact their Trainer or RTO Manager to assist them in mediation/informal resolution of the complaint. c. If the matter cannot be resolved through mediation, the matter will be referred to the RTO Manager for the initiation of the internal formal complaints and appeals handling procedure. 3.2 Formal Complaints Resolution: STEP 1 a. If the student is not satisfied with the outcome of the informal process, they are encouraged to seek an appointment with either the Trainer or RTO Manager who will make a suitable time to discuss the matter as soon as is practicable. b. If the student wishes to lodge a formal complaint they must: i. Notify ITR in writing of the nature and details of the complaint or appeal - within three months of the incident or decision. ii. Address the complaint to: The RTO Manager 490 Regency Road, Enfield SA 5085 Student Trainer RTO Manager Authorised: RTO Manager When printed this is an uncontrolled version Page 2 of 12

3 POLICY PRINCIPLE ITR POLICY REFERENCE PROCEDURE RESP REFERENCE DOCUMENTS 3.3 Formal Complaints Resolution: STEP 2 a. The RTO Manager will examine the grounds of the complaint or appeal and cause an investigation to be undertaken under their leadership. b. Each complainant has the opportunity to present their case to the RTO Manager. c. Students may be accompanied and assisted by a support person who may attend relevant meetings. d. Meetings will be minuted and each party will be required to sign the minutes at the end of the meeting. A copy of the minutes from the meeting will be kept in the students administration file. e. The formal process will commence within 10 working days of the lodgment of the complaint or appeal with the RTO Manager. f. The RTO Manager will attend to the evidence and will attempt to resolve the complaint. g. The RTO Manager may either take appropriate action or advise the Complainant that there is insufficient evidence to support the issue raised. If the complaint is considered not justified, the reasons will be given to the Complainant in writing. h. It is expected that the formal process will be brought to conclusion within a maximum timeframe of 4 weeks. i. If the complaint is not likely to be resolved in 60 days, the complainant or appellant must be notified in writing outlining the reasons for the delay. j. ITR will provide regular updates to the complainant or appellant on the progress of the complaint or appeal. Student RTO Manager Authorised: RTO Manager When printed this is an uncontrolled version Page 3 of 12

4 Authorised: RTO Manager When printed this is an uncontrolled version Page 4 of 12

5 POLICY PRINCIPLE ITR POLICY REFERENCE PROCEDURE RESP REFERENCE DOCUMENTS 3.4 Formal Complaints Resolution: STEP 3 a. In giving their decision of a complaint which is considered not justified, the RTO Manager will advise the Complainant that they may wish to pursue the matter further with external authorities. b. If a student is not satisfied with the outcome of the internal appeals process, he/ she can then lodge a formal complaint with: A.S.Q.A. Level 5 /115 Grenfell Street, Adelaide Student RTO Manager Office of Consumer and Business Affairs Chester House, Grenfell Street, Adelaide (08) The Training Advocate The National Training Complaints Hotline South Australian Equal Opportunity Commission GPO Box 464, Adelaide SA 5001 (08) Authorised: RTO Manager When printed this is an uncontrolled version Page 5 of 12

6 POLICY PRINCIPLE ITR POLICY REFERENCE PROCEDURE RESP REFERENCE DOCUMENTS PART 2 STAFF & CONTRACTROR COMPLAINTS, GRIEVANCES & APPEALS 3. Scope ITR is committed to maintaining an effective complaints, grievance and appeal handling system. The purpose of ITR s complaints and appeals policy is to provide staff members (including contractors) with the opportunity to easily resolve a dispute or complaint. The internal complaints and appeals processes are conciliatory and non legal. 4. Process ITR guarantees that staff (and contractors) has access to a fair and equitable process for dealing with their concerns. The Complaints, Grievances and Appeals Policy and Procedure will be made known to all staff (and contractors) at the time of employment. The Complaints, Grievances and Appeals Procedure is confidential and is a matter between the parties concerned and those directly involved in the complaints handling process. 5.1 Informal Complaints Resolution a. ITR expects in the first instance that there is an attempt to informally resolve the issue through mediation/informal resolution of the complaint. b. Staff (and Contractors) should contact the RTO Manager to assist them in mediation/informal resolution of the complaint. c. If the matter cannot be resolved through mediation, the matter will be referred to the internal formal complaints and appeals handling procedure. RTO Manager Staff Contractors RTO Manager Authorised: RTO Manager When printed this is an uncontrolled version Page 6 of 12

7 POLICY PRINCIPLE ITR POLICY REFERENCE PROCEDURE RESP REFERENCE DOCUMENTS Formal Complaints Resolution a. If, the issue remains unresolved after informal action and exploration of: I. Alternative methods to address the issue II. III. IV. Choices/ options in relation to the issue Confidentiality Company action a more formal process is required. b. The staff member (or Contractor) may notify the RTO Manager in writing of the nature and details of the issue c. The RTO Manager will cause an investigation to take place. d. The RTO Manager will, based on the information provided, make a determination. e. The RTO Manager will be responsible for the management of the outcomes of the decision. Staff Contractors RTO Manager Authorised: RTO Manager When printed this is an uncontrolled version Page 7 of 12

8 STUDENT INFORMAL COMPLAINT PROCEDURE FLOWCHART 18 th August 2016 RTO 008P Authorised: RTO Manager When printed this is an uncontrolled version Page 8 of 12

9 STUDENT FORMAL COMPLAINT PROCEDURE FLOWCHART 18 th August 2016 RTO 008P Authorised: RTO Manager When printed this is an uncontrolled version Page 9 of 12

10 STAFF / CONTRACTOR INFORMAL COMPLAINT PROCEDURE FLOWCHART Worker Feels Aggrieved Worker wishes to make an Informal Complaint Worker meets with RTO Manager for mediation support / issue resolution Issue is Resolved YES NO No Further Action Required Worker meets with party/ies and negotiates resolution Worker Requires Mediation Worker and allocated ITR supporter meet with party/ies and negotiate resolution NO Issue is Resolved YES Worker May Choose to Lodge a Formal Complaint No Further Action Required 18 th August 2016 RTO 008P Authorised: RTO Manager When printed this is an uncontrolled version Page 10 of 12

11 WORKER FORMAL COMPLAINT PROCEDURE FLOWCHART Worker Feels Aggrieved / Informal process has NOT resolved issue Worker notifies RTO Manager of the nature and details of complaint in writing RTO Manager instigates an investigation of the complaint considers the evidence & makes a decision re action NO Issue is Resolved YES Worker may consider other avenues of dispute resolution such as Employee Ombudsman No Further Action Required 18 th August 2016 RTO 008P Authorised: RTO Manager When printed this is an uncontrolled version Page 11 of 12

12 THIS PAGE IS LEFT BLANK INTENTIONALLY Innovative Training and Recruitment COMPLAINTS, GRIEVANCES & APPEALS PROCEDURE Version 9 4 th December 2015 RTO 008P Authorised: RTO Manager When printed this is an uncontrolled version Page 12 of 12