All complaints will be addressed in a confidential manner.

Action to resolve the complaint will commence immediately the complaint is made (this includes contacting the complainant).

Only the people directly involved in making, investigating or resolving a complaint will have access to information about it.

Where the complainant is a student, no information will be documented in the individual’s file without their written consent.

·         The complaint investigation process is impartial. No assumptions will be made, nor any action taken until all relevant information has been collected and considered

·         Any complaint is free of repercussions for the complainant. The business will take all necessary steps to ensure that no victimisation occurs against anyone who makes a complaint

·         All staff are aware of this policy and relevant procedure

·         All students are informed of the existence of this policy and procedure at the commencement of receiving services as well receiving information in the Complaints Information Sheet

·         Relevant information is available on the Your Learning Portal website and marketing outlets

·         Your Learning Portal recognises the right of individuals to approach an external agency if the formal complaints procedure has not resolved the issue to their satisfaction

·         Provision of a free and accessible complaints process, that supports natural justice and procedural fairness for all persons with no reprisals or detriment from making a complaint

·         People have the right to be supported by a friend, an advocate, an interpreter or a community elder

·         Provision of information about where to lodge a complaint, how to make a complaint and how complaints will be managed, including referring complaints to external agencies, where required

·         Opportunity for complaints to be made anonymously, with complainants advised of the limitations of an anonymous complaint

·         Provision of clear information about what can or cannot be achieved by a complaints process, and providing assistance to anyone who wishes to make a complaint

·         Responding to complainants in a respectful, fair, objective and timely manner, that respects the confidentiality of personal information

·         Communicating with parties about the progress of the complaint

·         Providing a clear explanation of the final decision, any recommendations, review options and any available external review mechanisms

·         Employees will adhere to the record keeping policy and procedure including the use of the approved complaint management system to monitor and review the progress of the complaint

·         Wherever relevant inform the continuous improvement system

·         Staff receiving complaints are treated with respect.  Abusive, aggressive or disrespectful behaviour towards staff during their interactions will not be tolerated

·         To adhere to the principles of all governing bodies including:

o   Australian Skills Quality Authority https://www.asqa.gov.au/

o   The National Disability Insurance Agency Quality and Safeguarding Commission guidelines https://www.ndiscommission.gov.au/about/legislation-rules-policies   

o   The Aged Care Commission https://www.agedcarequality.gov.au/making-complaint

o   SAPOL https://www.police.sa.gov.au/about-us/key-contacts

o   Australian Health Practitioner Regulatory Agency https://www.ahpra.gov.au/About-Ahpra/Complaints.aspx

All complaints will be managed in accordance with the relevant legislation, and the department’s policies and procedures.

·         Matters currently being dealt with or have been previously dealt with by a court, tribunal or external complaints agency

·         Matters where staff or students have not conducted themselves in accordance with the Code of Conduct or Service Standards or when dealing with others may have matters referred to the Crime and Corruption Commission for investigation

·         Matters regarding administrative decisions of the department or funded services

·         Matters that have already been subjected to an Internal review and an outcome has been determined

·         Allegations of suspected harm or risk of harm to a child will be actioned immediately by urgent referral or reporting to Families SA https://www.childprotection.sa.gov.au/reporting-child-abuse

Complaints Management Model

The complaints management model is a three-stage process, which includes the option for an external review.

Front line staff are empowered with clear delegations to resolve less serious complaints (low complexity

complaints) wherever possible at first contact. In the event that this does not resolve the complaint then all

serious complaints (medium and high complexity complaints) are referred to the CEO or delegate.

All complaints are entered into the Incident Management System and Complaints and Incidents Register.

Making a Complaint or Appeal

When making a complaint or appeal, fill in the Occurrence Notification Form, and provide as much information as possible to enable YLP to investigate and determine an appropriate solution. This should include:

·         The issue you are complaining about or the decision you are appealing – describe in as much detail as possible what happened and how it impacted you.

·         Any evidence you have to support your complaint or appeal

·         Details about the steps you have already taken to resolve the issue

·         Suggestions about how the matter might be resolved (what is your desired outcome?)

Crisis or Emergency Support

If you would like to initially talk through your concerns with someone, talk to Administration. Anything you discuss will remain confidential. Students with special needs, such as limited English language or literacy skills and those with a disability can also contact Administration during business hours 9:30am-3:30pm, Monday to Friday.

You can also contact the Office of the Training Advocate https://skillscommission.sa.gov.au/ at any time during the complaints process if you feel that you require additional support or guidance concerning your complaint.

Further Assistance

We will endeavour as employers to do everything we can to rectify any complaints or issues that may be affecting you. However, if the matter is unsatisfactorily handled or you wish to escalate the matter further, you can contact the Fair Work Ombudsman or the Working Women’s Centre to seek assistance

Fair Work Ombudsman

13 13 94

https://www.fairwork.gov.au/contact-us/call-us

You can find information on Employee Entitlements, Ending Employment, Awards and Agreements and Pay

The Working Women’s Centre

52 Hindley Street Adelaide 5000

8410 6499

wwc@wwc.org.au

WWC will mainly assist with unfair dismissal cases

When you make a complaint, provide feedback or report an incident we will:

·         Listen to you to understand what you are not happy about

·         Give you information about why something has happened

·         We will make every effort to help you in the best way possible and or/change the way services are provided to you

·         Make sure nothing bad happens because you made a complaint, provided feedback or there was an incident

·         Make sure your complaint is kept private and confidential. Your details will be kept safe at all times

·         Seek your involvement in seeking a resolution

·         Seek your feedback on how we can improve our response and support to you

Your Complaint

Your complaint will be private and confidential. This means we will keep your details safe.

You Can Get Help To Make a Complaint By:

·         Asking a friend or family member, you can have a support person with you, when talking with us.

·         Speaking with one of our staff members with whom you feel comfortable, who can help you to complete the Occurrence Notification Form.

Principles of Resolution

YLP is committed to developing a procedurally fair complaints and appeals process that is carried out free from bias, following the principles of natural justice. Through this policy and procedure, YLP ensures that complaints and appeals:

• Are responded to in a professional, consistent and transparent manner

• Are responded to promptly, fairly, objectively, with sensitivity and confidentiality

• Are able to be made at no cost to the individual

• Are used as an opportunity to identify potential causes of the complaint or appeal and take actions to prevent the issues from recurring as well as identifying any areas for improvement.

YLP will inform all persons or parties involved in any allegations made as well as providing them with an opportunity to present their side of the matter.

There are no charges for students to submit a complaint to YLP, or to seek information or advice about doing so.

Nothing in this policy and procedure limits the rights of an individual to take action under Australia’s Consumer Protection laws and it does not circumscribe an individual’s rights to pursue other legal remedies.

Making a Complaint or Appeal

When making a complaint or appeal, fill in the Occurrence Notification Form, and provide as much information as possible to enable YLP to investigate and determine an appropriate solution. This should include:

·         The issue you are complaining about or the decision you are appealing – describe in as much detail as possible what happened and how it impacted you.

·         Any evidence you have to support your complaint or appeal

·         Details about the steps you have already taken to resolve the issue

·         Suggestions about how the matter might be resolved (what is your desired outcome?)

Resolution of complaints and appeals

·         In the initial instance, complaints will be investigated and resolved by the YLP Administration Team Members, as outlined in the procedures.

·         Appeals of complaint resolutions will be investigated by the YLP CEO or delegate, and an independent person not employed by YLP.

·         Where a complaint or appeal involves another individual or YLP employee they will be given the opportunity to respond to any allegations made.

·         Each party involved in the complaint or appeal may have a support person of their choice present at any meetings scheduled to resolve the issue.

In the case of an assessment appeal, an assessor who is independent from the original decision will assess the original task again. The outcome of this assessment will be the result granted for the assessment task. The complainant or appellant will be advised in writing of the outcome of the process, and the reasons for the findings made.

Independent Parties

Your Learning Portal acknowledges the need for an appropriate independent party to be appointed to review a matter where this is requested by the complainant and the internal processes have failed to resolve the matter. Costs associated with independent parties to review a matter must be covered by the complainant unless the decision to include an independent party was made by YLP.

·         For most complaints in South Australia, the independent party is the South Australian Skills Commission. This service is free of charge.

·         YLP will provide complete cooperation with the external mediator investigating the complaint and will be bound by the recommendations arising out of this process.

·         The CEO will ensure that any recommendations made are implemented within twenty (20) working days of being notified in writing of the outcome of the mediation, and any recommendations being actioned by YLP

External Review

If the complainant remains dissatisfied after progressing through the usual channels described above, they can pursue external options including alternative dispute resolution other avenues of appeal or review.

Any client will be supported to facilitate this process.

External Complaint Avenues

Complaints can also be made via the following avenues:

South Australian Skills Commission

The South Australian Skills Commission can support students who have a complaint about their education provider, because they believe the provider may not have met the terms and conditions of the enrolment agreement or their policies, which may include:

·         Fees and refunds

·         Cancellation of enrolment

·         Finding suitable work placement as a requirement within the course

·         Course or provider transfer.

Phone : 1800 006 488

Home - South Australian Skills Commission

National Training Complaints Hotline:

The National Training Complaints Hotline is a national service for consumers to register complaints concerning vocational education and training. The service refers consumers to the appropriate agency/authority/ jurisdiction to assist with their complaint. Consumers can register a complaint with the National Training Complaints Hotline by:

Phone:  13 38 73             

Monday-Friday 8am to 6pm nationally

Email:    NTCH@dose.gov.au

Australian Skills Quality Authority (ASQA)

Complainants may also complain to YLP’s registering body, Australian Skills Quality Authority (ASQA).

ASQA can investigate complaints about YLP in relation to:

·         The quality of our training and assessment

·         Our marketing and advertising practices

For students, please note:

·         ASQA may not be able to investigate complaint if you do not include evidence that you have already exhausted our formal internal complaints process as above.

·         If your complaint does not fall within ASQA’s jurisdiction, it may be resolved more quickly if you directly contact the agency responsible as listed on the relevant webpage below.

·         Complaints about providers: https://asqa.gov.au/complaints/complaints-about-training-providers

For other stakeholders:

·         Information about the process and information you should provide is available here: https://asqa.gov.au/complaints/complaints-about-training-providers

Complaints Review and Auditing

The business is committed to continually improving its services and will monitor agreed system improvements resulting from the review of complaints.

Regular reviews and self-audits of the effectiveness of the entire complaints management system will occur and include an evaluation of the major elements of the system including:

·         Compliance with the policy, procedure and guidelines

·         Complaints capture

·         Recording

·         Internal reporting

·         Time taken to manage complaints

·         Correctness of complaint outcomes

The Complaints Management Policy and associated procedures will be reviewed every three years or as necessary in light of emerging evidence.

Roles and Responsibilities

CEO:

·         Establishing a system that manages complaints effectively and efficiently.

·         Implementation of the complaints management policy, procedure and associated tools for the administration and recording of complaints and ensuring the complaints process is effectively administered

·         Reviewing recommendations, and providing management responses, made through investigation reports, internal reviews or any complaint management process that relate to business quality improvement

·         Ensuring recommendations made through investigation reports, internal reviews and any complaint management process are implemented, within agreed timeframes

·         Ensuring ongoing continuous improvement of service delivery by making changes to process where the trends and issues identified indicate a change to service delivery process is required.

·         Facilitating the development of the complaints management policy and procedure and the delivery of an effective complaints management system

·         Providing specialist complaints management advice and support to relevant service delivery and business areas,

·         Providing effective complaints management capability for centrally investigated/managed complaints and internal reviews,

·         Conducting internal reviews after a complaint has been made and conducted an investigation or alternate response, and the client is not satisfied with the process,

·         Oversight of complaints management tool and information and accessibility portals/options (Web pages, fact sheets etc.) pertaining to the complaint process,

·         Ensuring that recommendations made through investigation reports and internal reviews that were agreed to are finalised,

·         Facilitating the annual public and internal reporting of complaints data, including the analysis of reporting including provision of trend data to identify areas of improvement,

·         Referring matters to an external agency for action where appropriate,

·         Facilitating reviews of the effectiveness of the complaints management system including its policy, procedure, guidelines and recording requirements.

CEO or delegate:

·         Managing low, medium and high complex complaints and referring matters to an external agency for action where appropriate,

·         Maintaining accurate complaint records by using the approved methodology to record the receipt, management and outcome of complaints, including any recommendations made,

·         Local implementation of the complaints management policy, procedure and associated guidelines and ensuring the complaints process is effectively administered,

·         Analysis of complaints management data to identify trends and areas of improvement,

·         Providing complaints management advice and support to relevant service delivery areas, arranging a practice review, where the client is not satisfied with a decision made by an employee,

·         Implementing recommendations made through investigation reports and internal reviews to improve service delivery within the agreed time-frames.

·         Adherence to the principles of the NDIS Quality and Safeguarding Commission

·         Ensuring all staff are appropriately trained in complaints management

All Team Members:

·         Handling complaints in accordance with the complaints management policy and procedure.

·         Determining the response to complaints received at their level,

·         Ensuring all complaints are handled in accordance with the complaints management policy and procedure,

·         Ensuring the incident management system is being used to record complaints received and actions taken in managing complaints.

Complaint Channels

Complaints can be received through a number of channels, including but not limited to:

·         Telephone

·         Email

·         Fax

·         Webchat

·         In person

·         Letter

·         Student Satisfaction Survey

·         Staff Satisfaction Survey

Timeframes For Resolution

Once the concern/worry is defined as a complaint the business needs to determine the level of complexity.

Low complexity complaints: Matters that cannot be resolved with the complainant and needs intervention by the Management Team and can be concluded as soon as practicable.

Low complexity complaints require minimal investigation and can be easily addressed through the provision of information, or through negotiating a desired outcome, perhaps through face-to-face or over the phone; a written response may not be required.

Low complexity complaints should be managed at the service level.

Medium complexity complaints: May require some research into the matter; it might also require some negotiation/facilitated discussion with the complainants or consultation with other service areas or personnel of the service.

Medium complexity complaints typically include complaint issues that relate to a single incident or a decision or a client.  Moderate investigation or fact finding of the complaint issues may be required.  Typically, medium complexity complaints contain a small number of issues and are anticipated to be resolved within 5 business days.  A written response is provided to the complainant.

These complaints are managed by the CEO or delegate.

High complexity complaints: Matters where there are a large number of complaint issues; or where the complaint issues may refer to possible systemic concerns. These matters will typically involve complainants providing very detailed and lengthy background information that requires the CEO resources to address.

The matters can be of a very complex nature which may involve working with a number of people in the business in order to reach an outcome. Formal investigation may be required, involving assessment of information, and may involve interviews or discussions with staff and other relevant persons, including external jurisdictions (e.g. SA Police Service, Office of the Adult Guardian, Community Visitor etc.)

These complaints are managed by the CEO.

It is expected that resolution of all complaints should be reached within 60 days. Anything beyond this time period will have been referred to the South Australian Skills Commission for independent arbitration.

Complaint Types

Anonymous complaints: These matters are assessed against the same criteria as any other complaints. When assessing complaints, particular considerations include the nature and complexity of the complaint, the quantity and quality of information and the capability of a productive outcome.

Privacy Complaints: Complaints concerning a possible breach of privacy will be managed in accordance with the Privacy Policy and State Legislation

Staff conduct: Allegations concerning the conduct of staff will be managed in accordance with relevant governing bodies’ code of conduct and legislation. If corrupt conduct is suspected, consultation will occur with the CEO for consideration and possible referral to SAPOL or the Crime and Corruption Commission.

Non-compliance: Allegations concerning, non-compliance with service responsibilities. If non-compliance is suspected consultation will occur with the CEO, for possible referral of the matter. 

Suspected harm: Allegations of suspected harm or risk of harm to a child or older adult will be referred immediately to Department of Human Services, Aged Care Quality Commission or SA Police for further action.

System Improvement and Monitoring

The YLP incident management system and AVETMISS are the primary tools for the collection of data.  A current and accurate record of complaints received must be maintained to:

·         Enable staff to query active/closed records

·         Enable staff to manage complaints across the board

·         Ensure data quality and integrity

·         Monitor the time taken to resolve complaints

·         Provide non-identifiable reports on patterns and trends to relevant stakeholders

·         Provide data for inclusion in workplace performance reporting as required

·         Ensure consistency and integrity of complaints management data

The business is committed to continually improving its service delivery. Information from the incident management system will be analysed and meaningful feedback will be provided to staff about the nature, causes and outcomes of complaints and where appropriate added to the Quality Improvement Plan, assigned an owner for management and reviewed at the Compliance and Governance Monthly Meeting..

Recommendations from complaints management processes relating to operational and/or systemic process

improvements, that have been agreed to by the CEO or delegate will be monitored until fully implemented.

References

·         Australian Health Practitioner Regulatory Agency. 2015. Complaint Handling Policy and Procedure. https://www.ahpra.gov.au/documents/default.aspx?record...dbid=AP&chksum

·         Charter or Rights for Children and Young People in Care. 2018.

·         Commonwealth Ombudsman. 2016. Complaints About Private Health Insurance. www.ombudsman.gov.au/about/private-health-insurance

·         Department of Communities, Child Safety and Disability Services. 2016. https://www.communities.qld.gov.au/gateway/about-us/customer-service-compliments-and-complaints/complaints-management-policy-and-procedure

·         Department of Communities, Child Safety and Disability Services. 2016. https://www.communities.qld.gov.au/gateway/about-us/customer-service-compliments-and-complaints/complaints-management-policy-and-procedure

·         Epilepsy SA. 2011. Complaints Policy. https://www.epilepsy.org.au/sites/default/files/Complaints%20Policy.pdf

·         Health and Community Services Complaints Commissioner. 2016. http://www.hcscc.sa.gov.au/

·         NDIS Commission https://www.ndiscommission.gov.au/about/legislation-rules-policies

Legislation

·         The Health Practitioner Regulation National Law Act (the National Law).www.ahpra.gov.au/Legislation-and-Publications/Legislation.aspx

·         The Ombudsman Act 1976 (Cth) as adopted by the National Law and amended by the National Law Regulations. www.austlii.edu.au/au/legis/cth/consol_act/oa1976114

·         The Privacy Act 1988 (Cth) as adopted by the National Law and amended by the National Law Regulations. www.austlii.edu.au/au/legis/cth/consol_act/pa1988108

·         Child Protection Act 1999. https://www.legislation.sa.gov.au/lz/c/a/childrens%20protection%20act%201993.aspx

·         Home and Community Care Act 1985. https://www.legislation.gov.au/Series/C2004A03223

·         Aged Care Act 1997. https://www.legislation.gov.au/Series/C2004A05206

·         Mental Health Act 2009. ttps://www.legislation.sa.gov.au/LZ/C/A/Mental Health Act 2009.aspx

·         Domestic Violence Act 1994. https://www.legislation.sa.gov.au/LZ/C/A/DOMESTIC%20VIOLENCE%20ACT%201994/2004.06.30/1994.22.PDF

·         Child protection Act. 1993. http://www.lawhandbook.sa.gov.au/ch06s03.php

·         Workplace Health and Safety Act 2012. https://www.legislation.sa.gov.au/lz/c/a/work%20health%20and%20safety%20act%202012.aspx

·         Australian Service Excellent Standards. 2016. https://www.dcsi.sa.gov.au/services/community-development/australian-service-excellence-standards

·         Commonwealth Privacy Act 1988. https://www.legislation.gov.au/series/c2004a03712

·         NDIS Commission https://www.ndiscommission.gov.au/about/legislation-rules-policies

Guidelines and Standards

·         ‘Better Practice Guide to Complaint Handling’, Commonwealth Ombudsman, 1 April 2009. Available at: www.ombudsman.gov.au/docs/better-practice-guides/onlineBetterPracticeGuide.pdf

·         ‘The Why and How of Complaints Handling’, Standards Australia, 26 June 2006. (HB 229—2006)

·         ‘Customer satisfaction: Guidelines for complaints handling in organizations’, Standards Australia, 5 April 2006. (ISO 10002:2004, MOD).

·         Australian/New Zealand Standard AS/NZS 1002-2014 Guidelines for complaints management in organisations