Complaints and Appeals Policy and Procedures

(clause 6.1-6.6)

 

1. Policy

Job Training Institute Pty Ltd (JTI) will implement a transparent complaints and appeals policy that enables learners and clients to be informed of and to understand their rights and the JTI’s responsibilities under the VET Standards.

This policy:

  • ensure the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process
  • is publicly available  
  • set out the procedure for making a complaint or requesting an appeal 
  • ensure complaints and requests for an appeal are acknowledged in writing and finalised as soon as practicable, and
  • Provide for review by an appropriate party independent of JTI and the complainant or appellant, at the request of the individual making the complaint or appeal, if the processes fail to resolve the complaint or appeal.

Appeals against assessment outcomes are responded to as per the procedures below

2. Purpose

          The purpose of this procedure is to outline the steps for handling complaints & appeals received from learners, clients, staff and stakeholders.

3. Scope

This procedure applies to all complaints & appeals that impact on the organisation’s management systems; quality of training and assessment; quality of client service; and compliance with the VET Quality Framework, inclusive of complaints about:

  • JTI and its trainers, assessors and other staff;
  • JTI’s third party/ies, its trainers, assessors and other staff;
  • a learner of JTI.

Responsibilities

All staff who receive a complaint or appeal are responsible for:

  • The documenting of complaints/appeal as per the scope of this procedure.
  • Sending the details of the complaint/appeal to the General Manager (GM) (or delegated person), if the staff member has not been able to resolve the issue in the first instance.

The General manager (or delegated person) is responsible for:

 

a. Reviewing the complaints/appeal referred to them;

b. Determining the root cause of the complaint/appeal, through investigation, review or other appropriate means

c. Determining the action, if any, to be taken and recording the actions in the customer management system (CRM) or in the manual form

d. Implementing action to prevent or limit the likely the reoccurrence of the determined cause of the complaint/appeal

e. Following up on the complaint and/or with the complainant to ensure the complaint /appeal has been finalised and that corrective action has been implemented satisfactorily and the client is satisfied.

f. Ensuring the current complaints & appeal policy is publicly available.

 

Procedures

If the complainant feels comfortable doing so, he/she is to address the issue with the individual concerned.  In the case of harassment, explain that the behaviour is unwelcome and offensive and request that they stop.  It may be that the individual was not aware that their behaviour was unwelcome or caused offence.  If the complainant does not feel comfortable confronting the individual, they should discuss the issue with their trainer or any JTI staff member.

If the complainant meets with a staff member to make a complaint,

  1. The staff member should discuss with the complainant (and their support), the complaint details
  1. Complete with any assistance a complaints form/online complaint form, if the matter has not been resolved satisfactorily.
  1. A complaint generated online will go to the respective Campus managers or trainers or Training Manager. The complaint generates a case which should be attended to by the respective staff member it has been directed to within 14 working days. If the case is not closed in Salesforce within 14 working days, it will automatically send an email to the CEO/PEO who should attend to the matter within 14 working days. Thereafter if the case remains open, there will be a weekly email generated to the CEO till the case is closed
  2. In case of manual reporting of a complaint/appeal, the incident/complaint/issue should be discussed with or reported to the respective staff member. The staff member should attend to the issue within seven (7) days of receiving the complaint.

As part of the complaints/appeals handling procedure, JTI will ensure:

  • That the investigation of the complaint is attended to promptly and confidentially
  • That the complaint is investigated in a fair and impartial manner
  • That if a complaint is made against an individual, their rights will be protected and they will be given an opportunity to give an explanation
  • That action will be taken to ensure that any misconduct does not continue
  • That the individual making the complaint and any witnesses will not be victimised
  • That appropriate disciplinary measures are taken in a proven case

3. Determine

  1. if they have the decision making capacity
  2. if they can implement action that is agreeable to the complainant

4. Consider privacy issues

5. The staff member taking the complaint will record the following information:

        • Complainant’s full name, address, phone/email address.
        • Why the complaint /appeal has been escalated from a concern or is not to be treated as a concern.
        • If the complaint /appeal relates to another person(s), that person(s) full name and position or if the student is not able to provide these details as much information as possible.
        • The concerns raised by the complainant.
        • The complainant’s desired outcome to the complaint.

6. If a complainant raises an issue but is not willing to proceed with the complaint/appeal then they should be advised that because of the requirements of procedural fairness, in most circumstances no further action can be taken by JTI.

7. If the staff member resolves the complaint/appeal and the nature of the complaint/appeal is in regards to the JTI management systems, the quality of training and assessment, the quality of client services or a non-compliance of the VET Quality Framework; the staff member should

  • clarify and document the details of the complaint with the complainant
  • record the complaint and its outcomes in the CRM 
  • inform the GM (or delegated person) of the details of the complaint and the action implemented
  • Generate communicationto the complainant of the complaint and its outcome.

8. If the staff member receiving the complaint/appeal is unable to resolve the issue with the complainant, or the complaint is outside of the staff member’s area of responsibility; then the staff member should

      • record the complaint/appeal in the CRM or
      • Request the complainant to put the complaint in writing to the GM (or delegated person). or
      • Direct or assist in directing the person to another person who could assist or
      • Provide assistance with a complaints and appeals form (online or manual).

    9. The GM (or delegated person) will

    • Organise for a meeting with the complainant and resolve the matter in the best way possible
    • review the complaint /appeal within five (5) working days and make a decision about the complaint;
    • Interview the respondent to the complaint/appeal, outlining the specific allegations that have been made about them, and giving them the opportunity to make a full response. (During the investigation process, the complainant must be given the opportunity to present his/her case (with the provision of a mutually acceptable support person and/or independent adviser in attendance, if required). This will be at no cost to the student/staff /Third Party). Any witnesses will also be interviewed. These interviews will be conducted separately and impartially. The importance of confidentiality will be stressed to all parties.
    • determine the appropriate action, if any;
    • advise the parties of the action and their recourse to further action/appeal
    • Record the actions in the CRM; and implement the actions.
  • No action relating to an enrolment status is to be taken until such time as the complaint/appeal has been resolved. However, the GM or delegate retains the right to take such steps as may be necessary to ensure the health, safety and welfare of the student and/or of others.

     

    10. After the investigation process is complete, the GM (or delegated person) will provide a written response within fourteen (14) working days to the complainant, of the action taken and the reasons for the decision.

    11. If, at any stage, the process exceeds the timelines stated, or more than 60 calendar days are needed to process and finalise the complaint; the GM  or delegate will:

     

        • inform the complainant in writing of the delay, including reasons why more than 60 calendar days are required; and
        • Regularly update the complainant on the progress of the matter and ensure these are recorded in the SMS /CRM.

    12. The GM (or delegated person) will review the action to determine its effectiveness and client’s satisfaction.

     

    If the client is dissatisfied with the outcome of the complaint/appeal, they can refer the matter to LEADR (www.leadriama.org ) which is JTI preferred student mediation service, or the complainant can also go to consumer affairs. If the complaint was about an assessment, students can appeal the result as per Appeals against assessment outcomes policy.

    Students in South Australia can also contact ‘The Office of the Training Advocate’, which is located:

     

    Ground Floor West

    55 Currie Street, Adelaide SA 5000

    (Entrance doors at Bus Stop W1 on Currie Street)

    Phone (toll free) 1800 006 488

    13. Any complaint/appeal which appears to be related to any illegal activity such as theft, assault,

    14. Written records of the complaint /appeal will be retained in the complaints/appeal file and a copy included in the relevant student’s file, where applicable. All records of complaint will be maintained in accordance with the procedure Records Management.\

    15. JTI seeks to prevent complaints/appeals by ensuring that students are satisfied with their training experience and their training product and its outcomes. Staff are expected to be fair, courteous and helpful in all dealings with students.

    Appeals against assessment outcomes

    Students may appeal against a result shown on their student record/assessment. The student should be provided with the written outcome within 21 days.

    The appeal against assessment outcome process is as follows: 

        1. The student contacts their trainer or the training manager or equivalent in relation to the appeal against the assessment outcome.
        2. The student is provided the ‘Appeal against assessment outcome form’ to fill in and submit either in person to one of the JTI campuses or email to the concerned staff member contacted initially. This form can also be filled online at www.jti.edu.au
        3. The form needs to be received and signed by the respective staff and forwarded to Training Manager or equivalent of the concerned department.
        4. Training Manager or equivalent is to contact the student and the trainer, who initially marked the assessment, regarding their individual opinions on this matter.
        5. The Training Manager or equivalent will allocate the assessment to be marked by another trainer.
        6. The assessment is to be submitted back to the Training Manager or equivalent for comparison of results. In case of different assessment outcome, the Training Manager or equivalent is to moderate the assessment with a third trainer and that outcome is to be considered as final outcome.
        7. Once the final outcome has been decided, Training Manager or equivalent will fill in the relevant part of the Appeal against assessment outcome form, which needs to be signed by all the trainers involved in the appeal process.
        8. The Training Manager or their appointee will contact the student to advice on the final outcome and provide the student with a copy of the completed form.
        9. The original copy of the form will be filed in the student’s file and archived for record purposes. If the student remains unsatisfied with the outcome, the student can refer the matter to LEADR (www.leadriama.org ) which is JTI preferred student mediation service, or the complainant can also go to consumer affairs. Students in South Australia can also contact ‘The Office of the Training Advocate’, which is located:

     

                                  Ground Floor West

                                  55 Currie Street, Adelaide SA 5000

                                  (Entrance doors at Bus Stop W1 on Currie Street)

                                  Phone (toll free) 1800 006 488

        1. If, at any stage, the process exceeds the timelines stated, or more than 60 calendar days are needed to process and finalise the appeal; the training manager or delegate will:
        • inform the complainant in writing of the delay, including reasons why more than 60 calendar days are required; and
        • Regularly update the complainant on the progress of the matter and ensure these are recorded in the SMS /CRM.

    Definitions

     

    Complaint is any expression of dissatisfaction with an action or service of the Registered Training Organisation.

     

    VET Quality Framework (VQF) means the following:

        • Standards for Registered Training Organisations (RTOs) 2015
        • Australian Qualifications Framework;
        • Fit and Proper Person Requirements;
        • Financial Viability Risk Assessment Requirements;
        • Data Provision Requirements.

    Accompanying documents

        • Student Handbook;
        • Continuous Improvement Procedure;
        • Records Management Procedure;
        • VET Quality Framework;
        • National Code Standard 8.

    RECORDS

      • CRM/SMS;
      • Student/staff/Third Party files.

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