Complaints Handling Policy
1. Purpose
2. Definitions
3. Policy statement
3.1 Policy statement
Obelisk Training are open to receiving feedback and complaints. We are committed to providing a fair and transparent complaint handling process. We do this by:
- ensuring there is no detriment to people who complain
- fostering a receptive, blame-free culture that is open to feedback and improvement
- providing a range of avenues through which people may make complaints – e.g. via email or verbally to trainers, the Student Support Officer or other relevant staff.
- Making information on our complaints handling process publicly available on our website and in our Student Handbook providing transparency regarding how complaints and feedback are handled, what complainants can expect and expected timeframes for resolution of complaints.
3.2 Ensuring procedural fairness
Obelisk Training implement the following mechanisms to ensure procedural fairness when handling complaints:
- the complaint is handled by an unbiased person
- both the complainant and the subject of the complaint (where this is a person) are given an opportunity to be heard and to provide relevant information
- similar complaints are treated in a consistent manner to ensure fairness and reliability in the resolution process
- a person making a complaint will be informed of any outcome or decision before the decision is implemented and will have the option to respond
- the privacy of complainants is protected, and the information included in a complaint is kept confidential.
3.3 Early Resolution of Complaints
In all cases, issues that arise during training and assessment that are the source of frustration or are in dispute should be resolved at the time they occur between the persons involved. It is often the case that complaints can be avoided by proper communication and respect between persons involved. Where the issue cannot be resolved locally and needs to be from last as a complaint is to be made in accordance with the following section.
3.4 Making a Complaint
A complaint may be received by Obelisk Training in any form and does not need to be formally documented by the complainant in order to be acted on. Complaints may be made by any person.
The complaints policy must be publicly available. This means that the complaints policy and procedure will be published on the Obelisk Training website and will be communicated to complainants within the complainant handbook.
Complaints are to be handled in the strictest confidence. No Obelisk Training representative is to disclose information to any person without the permission of the CEO. A decision to release information to third parties can only be made after the complainant has given permission for this to occur. This permission should be given By providing written consent.
Obelisk Training shall maintain the enrolment of the complainant during the complaint handling process.
The complainant is entitled to be heard with access to all relevant information and with the right of reply ensuring procedural fairness is applied at every stage of the complaint process.
The complainant may be accompanied and/or assisted by a support person at any relevant meeting. Where the complainant is a child or young complainant, they may be accompanied by a family member or carer at any relevant meeting.
3.5 Communicating the Complaint Handling Policy and Procedure
The complaints handling policy will be:
- Publicly available on the Obelisk Training Website
- Integrated into the Obelisk Training Complainant Handbook
- Included in the Obelisk Training Policy and Procedure
Complainants are also encouraged to provide feedback to their Trainer, the Student Support Officer or any other Obelisk Training staff member at any time, as outlined in the Student Handbook and PP4.7 - Continuous Improvement.
3.6 Complaint Handling Timeframe
We are committed to resolving complaints in a reasonable timeframe and without unnecessary delay. While we will respond to all complaints in a timely manner, some complaints may require more urgent attention than others, and some complaints may take longer to resolve than others.
- Written Acknowledgement - The first step is written acknowledgement by Obelisk Training no later than 24 hours from the time the complaint is received. This acknowledgement is intended to provide the complainant assurance that Obelisk Training has received the complaint and will review the relevant issues and provide a response as soon as practical. The acknowledgement must inform the person that they will receive a written response.
- Initial Assessment and Categorisation - Obelisk Training will triage complaints by classifying complaints based on severity, urgency, and nature, and prioritising cases that need immediate attention. An initial assessment and categorisation of the complaint will be conducted within 2 working days based on:
- Severity: Determine if the complaint involves safety, harassment, discrimination, or legal concerns, which would necessitate urgent action. Less severe complaints could involve general dissatisfaction or requests for improvement.
- Urgency: Consider how soon the issue needs to be resolved. Complaints that could impact ongoing training sessions or reputation may need to be escalated.
- Nature of Complaint: Identify if it’s related to training and assessment, trainer behaviour, administrative issues, or facilities.
3. Prioritisation
Assign a priority level (e.g., critical, high, medium, low) based on the assessment. For instance:
- Critical: Complaints with legal or safety implications, or those that could harm complainants' well-being.
- High: Issues with significant impact on training quality or participant experience, such as trainer behaviour or course content.
- Medium: Less urgent issues, like scheduling or minor logistical concerns.
- Low: Minor complaints, often administrative or preference-based, which don’t require immediate resolution.
4. Handling the complaint - Complaints that have been categorised as Severe, with a Critical priority rating, will be acted on immediately. The handling of all complaints will commence within seven (7) calendar days of the lodgement of the complaint and all reasonable measures will be taken to finalise the process as soon as practicable. A written response must be provided to the complainant within fourteen (14) calendar days of the lodgement of the complaint.
5. As a benchmark, Obelisk Training should attempt to resolve complaints as soon as possible. A timeframe to resolve a complaint within thirty (30) calendar days is considered acceptable and in the best interest of Obelisk Training and the complainant.
6. A complainant should also be provided with regular updates to inform them of the process of the complaint handling. Updates should be provided to the complainant at a minimum of two (2) weekly intervals.
Complaints must be resolved to a final outcome within thirty (30) calendar days of the complaint being initially received. Where Obelisk Training Chief Executive Officer considers that more than 30 calendar days are required to process and finalise the complaint, the CEO must inform the complainant in writing, including reasons why more than 30 calendar days are required, and maintain regular fortnightly contact with the complainant including to explain any further delays.
3.7 Principles of Natural Justice and Procedural Fairness
A complainant is to be provided an opportunity to formally present his or her case at no cost. The principles of Natural Justice and Procedural Fairness must be incorporated into the complaint 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 and bias. Where the CEO feels that they may have bias or there is a perception of bias or where the person making the complaint is not satisfied with how the matter has been handled, the complainant is to be referred directly to an independent third-party for consideration and response.
Responding to Allegations. Where a complaint involves one person making allegations about another person, it is a requirement for Obelisk Training to hear both sides of the matter before making any judgements about the complaint should be settled. A person who will be affected by a decision made by Obelisk Training as a result of a complaint has the right to be fully informed of any allegations and to be provided adequate opportunity to be heard and respond. The person has the right to:
- Put forward arguments in their favour,
- Show cause why a proposed action should not be taken,
- Deny allegations,
- Call for evidence to disprove allegations and claims,
- Explain allegations or present an innocent explanation, and
- Provide mitigating circumstances (information aimed at reducing the severity, seriousness of something).
Obelisk Training also has an obligation to fully consider the substance of allegations and the response provided by parties before making a decision. Decisions must be communicated to the complainant and relevant person’s subject of allegations in writing. This is to include advising these persons of their right to seek a third-party review of decisions made by Obelisk Training.
Referring matters to authorities. Where an allegation is made that involves alleged criminal or illegal activity and it is considered outside the scope and expertise of Obelisk Training to investigate the matter, then in these circumstances Obelisk Training reserves the right to report these allegations to law enforcement authorities. Persons related to the matter involving alleged criminal or illegal activity will be advised in writing if this course of action is being taken.
Third Party Review. Where the person making a complaint 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 complaint following the internal completion of complaint 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 complaint 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 complainant 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 complaint outcome (and its subsequent handling) and provide advice to Obelisk Training in regard to the recommended outcomes. The independent third-party is required to respond with their recommendations within fourteen (14) working days of their review being requested. This advice is to be accepted by Obelisk Training as final, advised to the person making a complaint in writing and implemented without prejudice.
Where the Obelisk Training appoints or engages an appropriate independent person to review a complaint, the Obelisk Training will meet the full cost to facilitate the independent review.
3.8 Unresolved Complaints
Once the complaint handling process has concluded; where the person making a complaint remains not satisfied with the outcome of the complaint 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 complaint.
- 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 complainants 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 complaint 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.
3.9 Record Management of Complaint Records
Records relating to complaints 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 complainant or generated by Obelisk Training. There is also a record of the complaint maintained within the Obelisk Training complainant management system. This includes the details about the complaint and a diary log which records the progress of the complaint handling and closure. This record also records identified opportunities for improvement that result from complaints handling.
- 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 to avoid 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.
A correspondence record must be made for each complainant making a complaint. All email and letter communication should be retained with the complainant correspondence record within the complaint handling file.
3.10 Period of retention of Complaints Records
Obelisk Training is to retain records relating to complaints handling for a minimum of five (5) years.
3.11 Destruction of Complaints Records
The CEO is the only person who can authorise (in writing) the destruction of complaint handling records. Records are only to be authorised for destruction after the retention period has lapsed.
