Purpose

This Complaints and Appeals Policy is designed to achieve the following goals:

• To recognise the right of a customer to make a complaint or appeal.
• To provide procedures for addressing and resolving customer complaints and appeals speedily, in accordance with principles of natural justice, in a confidential manner and with the involvement of all those about whom complaints are made.
• To provide for prompt resolution at the level at which most complaints or appeals are likely to arise while providing for independent mediation and conciliation should the matter not be resolved at the first level.
• To encourage all staff to process improvements where necessary to remove the possibility of repetition of similar complaint.
• To focus on continuous quality improvement.

Scope

This policy is relevant to complaints received about:

• Services and processes provide by Aveling
• Trainers and assessors working at Aveling
• Other learners at Aveling
• Third parties (including those providing services on Aveling’s behalf)
• Other Aveling staff members

This policy is also relevant to appeals received about:

• Assessment outcomes/results
• Entry into course
• Response to a complaint
• Other general decisions made by Aveling

Definitions

• Assessment Appeal – a request to review an assessment decision that has been made.
• Complainant – a person making a complaint or lodging an appeal.
• Complaint – a person’s expression of dissatisfaction with any service provided by Aveling or a third party on Aveling’s behalf.
• General Appeal – a request to review a decision about entry into a course, a decision regarding the outcome of a complaint or any other general decision made by Aveling.

Complaints and Appeal Process

1. Informal Resolution

You are encouraged, wherever possible to resolve concerns or difficulties directly with the person(s) involved to deal with the issue before it becomes a formal complaint.

2. Lodge a Formal Complaint or Appeal

Where a complaint cannot be resolved informally by discussion and mediation, you may lodge a formal complaint or appeal with Aveling’s Quality Assurance Team.

A formal complaint or appeal may be made in writing to the Quality Assurance Manager via email to compliance@aveling.com.au or by completing the Complaints and Appeals Form and sending to compliance@aveling.com.au. Appeals must be made within ten (10) business days of the decision that is being appealed was made.

3. Acknowledgement

The Quality Assurance Manager will acknowledge the complaint or appeal in writing within five (5) business days of it being received.

4. Investigation

Complaints and General Appeal
The Quality Assurance Manager will investigate the complaint and discuss the nature of the issue with relevant parties and attempt to resolve the problem through discussion and conciliation.

Assessment Appeal
The Quality Assurance Manager will investigate the appeal and assign personnel to assess the appeal. They will ensure that these personnel are independent of the original outcome decision.

You may be assisted or accompanied by a support person regardless of the nature of the complaint or appeal.

5. Outcome

The General Manager will then provide you an outcome or update in writing. This will occur within ten (10) business days of the complaint being made. It will include information and processes concerning your right to appeal the proposed solution and request for an independent adjudicator.

Should Aveling consider more than sixty (60) calendar days are required to process and finalise the complaint or appeal, Aveling will:
a) inform you in writing, including reasons why more than 60 calendar days are required; and
b) regularly update you on the progress of the matter.

Third Party Adjudicator (if required)

If an appropriate outcome cannot be reached internally, Aveling acknowledges the need for an independent adjudicator to mediate may be required.

The independent adjudicator will be engaged by either Aveling or the complainant as required, and associated costs will be communicated prior to the engagement of the independent party.

Appealing an Outcome Decision

You can appeal the outcome of the complaint or appeal if you are unhappy with the decision made. This needs to be made in writing within ten (10) business days of the outcome being communicated to you, following the steps listed above.

Recording of Complaints and Appeals

All formal complaints and appeals will be recorded on Aveling’s Complaints and Appeals Register which will record the type of complaint, the timeliness of response and the nature of the resolution.

Policy

1. All complaints and appeals will be handled in a way that:

• assists in resolving the complaint by assisting the parties to a satisfactory outcome.
• is fair, efficient and in accordance with principles of natural justice.
• treats complaints and appeals with appropriate seriousness and confidentiality.
• facilitates early resolution as close to the source of the problem as possible; and
• provides Aveling with the means to identify ways of continually improving the services it provides.

2. Aveling will maintain a learner’s enrolment while a complaint or appeal process is on-going, however, this does not exclude Aveling from reserving the right to suspend a learner from attending class or visiting Aveling campus if that is considered necessary during this period.

3. The Complaints and Appeals Policy will complement, but not replace, existing Aveling policies and procedures for dealing with other forms of grievances, such as assessment appeals, discrimination, harassment, sexual harassment, or criminal acts. Complaints that are found to be outside the domain of this policy will be directed to the appropriate channels.

4. All complaints are treated with appropriate confidentiality, unless to do so would compromise the organisation’s duty of care. Similarly, people who are themselves the subject of a complaint, have the right to expect that any claims made against them are treated confidentially.

5. While confidentiality can be assured, anonymity cannot. It will be sometimes impossible to guarantee that a complainant will not be identified, particularly if the circumstances of their complaint are unique. Anonymity is not appropriate if formal processes are invoked. When a formal complaint is lodged, the person(s) who is the subject of the complaint will be notified and provided with details of the allegation(s).

6. Nothing in this policy and procedure limits the rights of individuals to take action under Australia’s Consumer law, where applicable.

7. This policy does not limit an individual’s rights to pursue other legal remedies.

Related Legislation

• Standards for Registered Training Organisations 2015
• Fair Trading Act 2010
  

V5.1 July 2024