Purpose

This policy establishes an appropriate process to ensure that student/trainee complaints and appeals are managed fairly, efficiently and effectively.

Scope

This policy applies to all Victorian Chamber students who have a complaint or wish to appeal a decision. It establishes both the formal and informal internal processes. It does not cover the external process, which is to be undertaken according to the external party’s requirements.

Students/ trainees may raise any matters of concern relating to course progress, training delivery and assessment, trainers/assessors and support staff, other learners, the quality of the teaching or training materials, student amenities, discrimination, harassment, privacy or any other issue that they may be confronted with, including services provided on behalf of the RTO, and their staff.

Context

Complaints arise when a client is dissatisfied with an aspect of Victorian Chamber’s services and requires action to be taken to resolve the matter.

Appeals arise when a client is not satisfied with a decision that Victorian Chamber has made. Appeals can relate to assessment decisions, but they can also relate to other decisions, such as a decision to exclude a learner from the program.

Policy

Victorian Chamber has a complaints policy to manage and respond to allegations involving the conduct of: (SRTOs 2015 / 6.1a, b)

• the RTO, its trainers, assessors or other staff;
• a third-party providing services on the RTO’s behalf, its trainers, assessors or other staff; or
• a learner of the RTO.

Victorian Chamber has an appeals policy to manage requests for a review of decisions, including assessment decisions, made by the RTO or a third-party providing services on the RTO’s behalf (SRTOs 2015 / 6.2).

Victorian Chamber’s complaints and appeals policy: (SRTOs 2015 / 6.3 a-e)

• ensure the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process;
• are 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 the RTO 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.

Where Victorian Chamber considers more than 60 calendar days are required to process and finalise the complaint or appeal, it: (SRTOs 2015 / 6.4 a, b)

• informs the complainant or appellant in writing, including reasons why more than 60 calendar days are required; and
• regularly updates the complainant or appellant on the progress of the matter.

Victorian Chamber: (SRTOs 2015 / 6.5 a, b)

• securely maintains records of all complaints and appeals and their outcomes; and
• identifies potential causes of complaints and appeals and takes appropriate corrective action to eliminate or mitigate the likelihood of reoccurrence.

Victorian Chamber will ensure that its complaints and appeals mechanisms are confidential, objective, easily and immediately accessible to clients and be resolved within realistic and fair timelines.

Victorian Chamber will develop, maintain and publish on its website its complaints and appeals policy and procedure, as included in the Participant Handbook (2021 Quality Charter/ Pp 6a, b).

Victorian Chamber will respond to and cooperate with the Department in its resolution of student complaints (Quality Charter/ Pp 6c).

Procedure

The process of handling complaints and appeals includes the following possible steps:

Informal process for complaints and/or assessment appeals

• In the first instance, you are encouraged to raise your issue of concern or assessment result directly with the relevant person
• If you are unsatisfied with the outcome or feel that the matter is not resolved, you may choose to go through a formal complaint and/or appeal (details outlined below)

Formal internal process for complaints and/or assessment appeals

• For your complaint to be considered, you must complete a Complaints and Appeals Application Form and send to training@victorianchamber.com.au, where the complaints and/or assessment appeal will be forwarded to the General Manager, Training
• The General Manager, Training will review your complaint and/or assessment appeal and provide a resolution in writing within 10 business days of receipt of your complaint and/or assessment appeal
• If you are satisfied with the resolution, the matter is closed. If not, you may choose to appeal the decision (details outlined below)

Internal appeals

• If you are unsatisfied with the outcome of your initial complaint and/or assessment appeal, you have 10 business days from the date of response to lodge an appeal. Your appeal must be put in writing to the General Manager, Training detailing:
  • Why you are appealing the decision
  • The reasons why you feel the initial decision was unfair
  • A possible solution to your issue or concern
• The General Manager, Training will investigate and provide a final decision in writing within 10 business days of receipt of the appeal.
• If you are satisfied with the resolution, the matter is closed. If not, you may choose to appeal with an external third party (details outlined below).

External process for complaints and/or appeals

• This step should be taken only upon exhausting all of the internal processes.
• If you are unsatisfied with the outcome of your internal appeal, you may lodge a complaint or appeal with an external mediator (at a cost to you)
• The external mediator will investigate and either uphold Victorian Chamber’s decision or provide a different resolution and the issue will be closed.

Guidelines

• Students are encouraged to first seek complaint or appeal resolution using Victorian Chamber’s free complaints and appeals mechanisms. If they are not satisfied with the outcomes of these processes, they will be referred to an independent, external party.
• Whilst Victorian Chamber’s complaints and appeals processes are provided at no cost to the student, external parties’ mediation services may be free of charge or provided on a fee-for-service basis.
• If a matter cannot be resolved via the informal process, the next steps included in the internal formal process should be undertaken, before going to an external mediator. It is the students’ right to access Victorian Chamber’s formal internal complaints and appeals process, upon the unsuccessful informal attempt to resolve their issue.
• As part of the internal resolution process, students may also be asked to attend an interview or meeting with the General Manager, Training and other relevant parties.
• Each party involved in the process (i.e. the student and Victorian Chamber representative) has the right to be assisted or accompanied by a support person at all meetings, and at any stage throughout the formal process.
• Students are advised to seek resolution to their issues as soon as practicable after the event occurs, so that Victorian Chamber can investigate and provide a decision as efficiently and effectively as possible. For instance, if a complaint or appeal is raised months after the event or after the student has finished the course, the validity of the claim and the resolution process could be negatively impacted.
• The General Manager, Training will consider students’ complaints or appeals and will provide a resolution in writing within 10 working days of the Complaints and Appeals Application being received. If a resolution could not be reached within this timeframe, an acknowledgment and progress notification will be sent to the student, which will include the expected date for a resolution or the request for further action.
• The Complaints and Appeals Form is available in the Participant Handbook (publicly available on the website).

Continuous improvement

The complaints and appeals can provide invaluable data about aspects of the organisation that can be improved, and, as such, will be monitored and reviewed and integrated with the continuous improvement process.

A summary of the improvement actions, including corrective and preventive actions, will be recorded in the Continuous Improvement Register.

Review / access

• Policies and procedures will be reviewed every 12 months. However, they will be updated and revisions will be made as and when required to reflect any content or regulatory changes.
• Relevant Forms will be reviewed and updated every 24 months or as needed.
• All approved current policies and procedures are stored electronically in the Compliance folder where all staff can access them.

Record keeping

• Victorian Chamber will keep records of all formal complaints/ appeals, decisions, outcomes and related actions and correspondence in the complaints file and complaints register.
• Records will not be kept in the student’s file.
• Victorian Chamber will keep emails or minutes of meetings at which corrective actions arising from the complaint were agreed.

Responsibilities

General Manager, Training

• managing the complaints and appeals process

RTO Manager

• ensuring compliance by monitoring the current policies, procedures and documentation are implemented across all RTO’s operations
• developing, reviewing, updating and issuing policies, procedures and documentation
• maintaining the Continuous Improvement Register and the Version Control Register
• assisting with the assessment appeals and other complaints/ appeals during all stages, as requested

Trainers/ Assessors

• handling the assessment issues during the informal process
• assisting with the assessment and any other complaints/appeals during the formal process as requested

Training Coordinator

• coordinating the complaints and appeals process as directed
• keeping and maintaining relevant records, the Complaints and Appeals Register and JobReady

References

• Standards for RTOs 2015/ 6.1-6.5
• Skills First Quality Charter/ Pp. 6