Appeals Handling Policy
1. Purpose
2. Definitions
3. Policy statement
3.1 Who and what does this policy apply to?
This policy relates to appeals of decisions made by Obelisk Training. These appeals may be submitted by a student where Obelisk Training has made a decision that is relevant to the student, or which effects the student in some way. Where Obelisk Training makes a decision which does not relate to or effect a student, the student is not eligible to appeal the decision.
The above list of examples is not exhaustive, and this policy may apply to literally any decision that Obelisk Training makes that is relevant to the student, or which effects the student in some way.
The following are some examples of decisions that a student might appeal:
- An assessment decision of the student’s knowledge and skills,
- An administrative decision that effects the student directly,
- A policy decision that changes the nature of the terms of service that the student agreed to at the time of their enrolment,
- A decision in relation to utilising third parties in service delivery,
- A decision in relation to a training product being superseded or deleted and the related transition process, or
- A decision to change the nature of the service being delivered that the student agreed to at the time of their enrolment.
The above list of examples is not exhaustive, and this policy may apply to literally any decision that Obelisk Training makes that is relevant to the student, or which effects the student in some way.
3.2 Ensuring procedural fairness
Obelisk Training implement the following mechanisms to ensure procedural fairness when handling appeals:
- the appeal is handled by an unbiased person not involved in making the original decision
- the student is given an opportunity to be heard and to provide relevant information
- the privacy of all parties involved is protected, and the information included in an appeal is kept confidential. Only individuals directly involved in the appeals process will have access to the appeal information.
- information is handled sensitively to ensure that students feel safe and supported when lodging an appeal.
3.3 The appeals period
Students have the right to appeal decisions within 28 calendar days of receiving notification of the decision. Appeals submitted after this period may not be considered.
3.4 Early Resolution of Appeals
Students are encouraged to resolve any concerns they may have directly with the Obelisk Training staff member involved in the first instance. It is often the case that the student’s decision to make an appeal can be avoided by proper communication and consultation with students at the time a decision is made.
3.5 Submitting an Appeal
If the student is unable to resolve the issue directly with the Obelisk Training staff member, they should raise the appeal with the Office Manager or CEO. This may be verbally in the first instance and must then be in writing by completing a Request for an Appeal of a Decision Form. The request for an appeal may be submitted to the Office Manager or CEO. Alternatively, the student may submit it via email or hard copy via the post. The contact details for submitting the appeal are provided to the student in the Student Handbook.
3.6 Communicating the Appeals Handling Policy and Procedure
The appeals handling policy and procedure will be:
- Publicly available on the Obelisk Training Website
- Integrated into the Obelisk Training Student Handbook
- Integrated in the Obelisk Training Policy and Procedures
3.7 Principles of Natural Justice and Procedural Fairness
A student is to be provided an opportunity to formally present his or her case at no cost. Each student may be accompanied and/or assisted by a support person at any relevant meeting. The principles of Natural Justice and Procedural Fairness must be incorporated into every stage of the appeals handling process to ensure that decision-making is fair and reasonable. Natural justice must be observed when it affects the rights, interests or legitimate expectations of individuals. The following principles are to be applied:
- CEO bias. Where the Chief Executive Officer of Obelisk Training feels that they may have bias or there is a perception of bias or where the person making the appeal is not satisfied with how the matter is being handled, the student is to be referred directly to an independent third-party for consideration and response. This means that the student is entitled to have their appeal heard by a person that is without bias and may not be affected by the decision.
- Third Party Review. Where the student is not satisfied with the handling of the matter by Obelisk Training, they have the opportunity for a body or person that is independent of Obelisk Training to review his or her appeal following the internal completion of the appeal handling process. Before a person seeks a review by an independent third party, they are requested to first allow Obelisk Training to fully consider the nature of the appeal and to respond to the person in writing. If after this has occurred, the person is not satisfied with the outcome, they have the right then seek a review by an independent third party. To request a review by an independent third party, the student should inform the Office Manager of their request who will initiate the process with the Chief Executive Officer.
- In these circumstances, the Obelisk Training Chief Executive Officer will advise of an appropriate party independent of Obelisk Training to review the appeal outcome (and its subsequent handling) and provide advice to Obelisk Training in regards to the recommended outcomes. The independent third-party is required to respond with their recommendations within fourteen (14) calendar days of their review being requested. This advice is to be accepted by Obelisk Training as final, advised to the person making a appeal in writing and implemented without prejudice.
- Where the Obelisk Training appoints or engages an appropriate independent person to review an appeal the Obelisk Training will meet the full cost to facilitate the independent review.
3.8 Confidentiality
Appeals are to be handled in the strictest of confidence. No Obelisk Training representative is to disclose information to any person without the permission of Obelisk Training CEO. A decision to release information to third parties can only be made after the student has given permission for this to occur. This permission should be given as a written consent.
3.9 Appeals Handling Timeframe
Obelisk Training will provide written acknowledgement of receiving the appeal no later than 24 hours from the time the appeal is received using the appeals written acknowledgment email template. The acknowledgement must inform the student that they will receive a written response within 14 days to explain the appeals handling process and the person’s rights and obligations.
Appeals must be resolved to a final outcome within thirty (30) calendar days of the appeal being initially received. Where Obelisk Training Chief Executive Officer considers that more than 30 calendar days are required to process and finalise the appeal, the CEO must inform the student in writing, including reasons why more than 30 calendar days are required.
3.10 Unresolved Appeals
Once the appeals handling process has concluded; where the person seeking an appeal of a decision remains not satisfied with the outcome of the appeals handling procedure, the person is to be advised that they have the right to refer the matter to any external authority/agency that may be relevant to their appeal. The following external agencies are nominated in the first instance as relevant points of referral the person may consider:
This guidance is also communicated to students within the Student Handbook and also within the publicly available policies and procedures on Obelisk Training website. It is expected that the above agencies will investigate the persons concerns and contact the Obelisk Training for information. External agencies will typically request a copy of any record of how the appeal was handled from the person. Obelisk Training is to ensure that the person is provided with a written response that they may use for this purpose.
Obelisk Training is to cooperate fully with agencies such the Office of Fair Trading or ASQA that may investigate the handling of an appeal. Obelisk Training considers that it would be extremely unlikely that an appeal is not able to be resolved quickly within Obelisk Training internal arrangements.
- In relation to consumer related issues, the person may refer their complaint to the Office of Fair Trading.
- In relation to the delivery of training and assessment services, the person may refer their complaint to the National Training Complaints Service via the following phone number: 13 38 73 or visit the website at https://www.dewr.gov.au/national-training-complaints-hotline or alternatively to the Australian Skills Quality Authority at the following website https://asqaportal.asqa.gov.au/Make-a-Report//?from=tip-off
- In relation to matters relating to privacy, the person may refer their complaint to the Office of the Australian Information Commissioner via the following details: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint or call on 1300 363 992
This guidance is also communicated to students within the Student Handbook and also within the publicly available policies and procedures on Obelisk Training website. It is expected that the above agencies will investigate the persons concerns and contact the Obelisk Training for information. External agencies will typically request a copy of any record of how the appeal was handled from the person. Obelisk Training is to ensure that the person is provided with a written response that they may use for this purpose.
Obelisk Training is to cooperate fully with agencies such the Office of Fair Trading or ASQA that may investigate the handling of an appeal. Obelisk Training considers that it would be extremely unlikely that an appeal is not able to be resolved quickly within Obelisk Training internal arrangements.
3.11 Record Management of Appeals Records
Records relating to appeals will present in two formats. There will be electronic records in the form of email correspondence and other documents which are communicated electronically and hard copy records which are submitted by the student or generated by Obelisk Training. There is also a record of the appeal maintained within the Obelisk Training student management system. This includes the details about the appeal and a diary log which records the progress of the appeal handling and closure. This record also records identified opportunities for improvement that result from appeals handling.
All records regardless of their format will be saved in a digital format into a secure folder located on the Obelisk Training file storage. Each file is to be clearly labelled with the document title or subject and the date of which the document was received or generated. This folder must only be accessible to persons authorised by the Chief Executive Officer. Records stored on the student management system are to be accessible only to administrators and managers.
To ensure records are maintained in a safe and suitable condition, the following is to apply:
- Records must be kept securely to prevent them being accessed by any non-authorised personnel.
- Records must be kept confidential to safeguard information and to protect the privacy of complainants.
- Records must be kept avoiding damage by fire, flood, termites or any other pests.
- Electronic data storage must be safe from destruction by fire or flood and should take account of the risk of component failure of a single storage device. Electronic data is also to be backed-up off site.
3.12 Period of retention of Appeals Records
Obelisk Training is to retain records relating to appeals handling for a minimum of five (5) years.
3.13 Destruction of Appeals Records
Obelisk Training CEO is the only person who can authorise (in writing) the destruction of appeals handling records. Records are only to be authorised for destruction after the retention period has lapsed. Documents identified for destruction are to be shredded before being recycled.
