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Complaints and Appeals Policy

PURPOSE

To ensure that Contal Training Services assessment procedures meet the requirements of the endorsed Training Packages and outcomes specified in accredited courses within Contal Training Services Scope of Registration.

PURPOSE

  1. This procedure is based on providing and maintaining training services that are fair and reasonable and afford a forum where issues or inadequacies can be resolved. This procedure provides adequate opportunity for complaints and appeals to be forwarded to Contal Training Services management in a timely, confidential and sensitive manner.

SCOPE

  1. At Contal Training Services the Chief Executive Officer (CEO) is appointed as the Complaints and Appeals Resolution Officer.The objective is to ensure that Contal Training Services staff and those acting on behalf of Contal Training Services act in accordance with the Code of Practice.  The process provides clients and stakeholders, including prospective employees seeking to enrol, a clear process to follow in order to register a complaint or an appeal.  It ensures all parties involved are kept informed of the resulting actions and outcomes and that the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal processes.This procedure applies regardless of the workplace at which the complaint has arisen, the person’s place of residence or mode of study.Contal Training Services will not victimise or discriminate against any complainant or respondent.

PROCEDURE

Complaints handling procedure
  1. Complaints may be submitted by the following media:
  • approaching a staff member and making a verbal complaint
  • by phoning the RTO
  • by email to the RTO
  • upon completion of the complaints and appeals form and submitting to the administration office and/or mailing to the CEO.
  1. The process of this complaint procedure is confidential and any complaints are a matter between the parties concerned and those directly involved in the complaints handling process.
  2. The complainant should discuss the matter firstly with the immediate Contal Training Services staff member with whom they normally have contact. The Contal Training Services staff member will review the complaint and provide a written response, detailing the outcome of the complaint, to the complainant within 5 working days of receiving the complaint. The Contal Training Services staff member must enter this into the Complaints Register and forward a copy to the CEO.
  3. If the Contal Training Services staff member initially contacted is unable to resolve the issue, the complainant may refer their complaint to the Contal Training Services
  4. The complainant must lodge the complaint in writing to the Contal Training Services CEO, or designated person, outlining the nature and details of the complaint.
  5. Internal complaints processes are available to complainant/s at no cost.
  6. Each person making the complaint has the opportunity to present his/her case to the CEO or delegated person/s.
  7. Where the complaint is in regards to another person or a third party delivering training and assessment on Contal Training Services behalf, these persons will be informed of the allegations and provided an opportunity to respond.
  8. Students may be accompanied and assisted by a support person as defined under section 6 (Definitions) of our policy and procedure to all relevant meetings. Minutes will be taken and each party will be required to sign at the end of the meeting. A copy of the minutes will be kept on our file and a copy on the students file.
  9. The formal complaint process will commence within 5 working days of the lodgment of the complaint with the Chief Executive Officer or delegated person/s.
  10. Where the RTO considers more than 60 calendar days are required to process and finalise the complaint; the RTO will:
    • inform the complainant in writing, including the reasons why more than 60 calendar days are required; and
    • regularly update the complainant on the progress of the matter.
  11. Once the CEO or delegated person/s has been able to make a decision regarding the complaint, the student will be informed in writing of the outcome, the reasons for the outcome and action to be taken. A copy will be kept on our file and a copy will be kept on the students file.
  12. If the complaint procedure finds in favour of the student, Contal Training Services will immediately implement the decision and any corrective and preventative action required.
  13. Contal Training Services undertakes to finalise all complaint procedures within 10 working days.
  14. The details of the complaint will be analysed, as part of the RTO continuous improvement process, to determine the root cause of the problem and any action that needs to be implemented to prevent a recurrence.
  15. If the complainant is dissatisfied with the outcome of the complaint they can appeal the outcome in accordance with Contal Training Services Appeals Procedure.
  16. Any complaint, which appears to be related to any illegal activity such as; theft, assault etc. will be referred to the appropriate authority after discussion with the person making the complaint.
Appeals handling procedure
  1. A client may appeal a decision made by Contal Training Services. This includes appeals that relate to assessment decisions.
  2. The process of this appeal procedure is confidential and any appeals are a matter between the parties concerned and those directly involved in the appeals handling process.
  3. An appeal must be lodged within 20 working days of the client being notified of a decision made by Contal Training Services or in the case of an appeal against an assessment decision, within 20 working days of the student being notified of the assessment result.
  4. Internal appeals processes are available to the appellant at no cost.
  5. The appeal application will be given to a senior member of staff who would be deemed to be the most suitable person for the investigation of the appeal.
  6. Where the RTO considers more than 60 calendar days are required to process and finalise the appeal; the RTO will:
    • inform the complainant in writing, including the reasons why more than 60 calendar days are required; and
    • regularly update the appellant on the progress of the matter.
  7. If the matter is not resolved, the client may make a further submission of their appeal in writing to the CEO outlining the details of their appeal.
  8. The CEO will review the appeal within 5 working days of receiving it, and provide a written statement of the appeal outcome and the reasons for the decision to the client.
  9. If the CEO cannot resolve the appeal to the client’s satisfaction the client can request that an Independent Panel consider the appeal. Contal Training Services will arrange the *Independent Panel.
  10. The Independent Panel will review the appeal within 10 working days of its formation.
  11. The client may have an adviser in attendance during the proceedings of the Independent Panel. The client is responsible for any costs that may be incurred with the engagement of an external adviser.
  12. The Independent Panel will:
  • review the circumstances of the appeal and make a decision on the evidence submitted.
  • keep a record of the proceedings to ensure that the appeal procedure was conducted fairly.
  • provide its decision in writing to the Contal Training Services CEO and the client outlining its reasons for the decision.
  1. The Independent Panel’s decision shall be final.
  2. For the duration of the appeals process, the student is required to maintain enrolment and attendance as normal.
  3. Where necessary Contal Training Services will assist the client with possible referral points to independent advice such as the Ombudsman and the Office of Fair Trading. Contal Training Services will not charge the appellant for any assistance provided for referrals to external support agencies. However the appellant will incur any fees/charges levied by the external agency.
  4. A client may, after exhausting Contal Training Services internal Complaints & Appeals Procedure make a complaint to the National VET Regulator, the Australian Skills Quality Authority (ASQA) via ASQA’s online complaint lodgment process. This process is available on https://www.asqa.gov.au/complaints.

Any recommendations received as a result of an external review will be considered at the next possible RTO staff meeting where any required actions will be determined and recorded as actions in the minutes of the meeting.

* Independent Panel:

The panel shall consist of three persons. The background of the persons requested to sit on the panel will vary depending on the circumstances of the appeal.  However, it may consist of:

    • A suitably qualified person internal to Contal Training ervices but independent of the issue raised in the appeal
    • A suitably qualified person external to Contal Training Services
    • A qualified mediator
  • A representative from industry

Records

All records relating to complaints and appeals will be retained for a period of five (5) years in safe and secure storage to ensure confidentiality of the records.

Parties to the complaint and/or appeal will have appropriate access to the records. A party requesting access to the records of a complaint and/or appeal must provide a written request for access to the records.

Staff awareness

All staff receives training on this procedure during the initial induction process and have access to the latest version of the procedure.

This Complaints & Appeals Procedure was agreed to and ratified by Contal Training Services CEO on 11 June 2018 and is reviewed annually.

The Aboriginal flag. The top half of the flag is black and the bottom half is red. In the centre is a yellow circle.
The Torres Strait Islander flag. There are green panels at the top and bottom of the flag with black lines separating them from the middle panel, which is blue with the image of a white dancer’s headdress and five-pointed star in the centre.

Acknowledgement of Country

We acknowledge the Aboriginal and Torres Strait Island peoples as the Traditional Custodians of Country throughout Australia. We recognise their strengths and enduring connection to lands, waters and communities as the Custodians of the oldest continuing cultures on the planet.

We acknowledge the Jagera People and the Turrbal People as the Traditional Custodians of Meanjin (Brisbane), the lands on which we are based. We pay our respect to Jagera and Turrbal cultures, and to their Elders past, present and emerging.