Policy number: TMGP09 tmg.edu.au
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Policy Document:
TMG Complaints and Appeals Policy Please note this policy is mandatory, and TMG staff is required to adhere to the content.
Policy number: TMGP09 Summary Document Details Version number:
5.0
Status:
ENDORSED
Approved by:
CEO
Date original policy approved:
20/05/2015
Date policy to be reviewed:
May 2017
Author:
Compliance and Quality Assurance Department
Owner:
CEO
Divisions:
Malka Group Pty Ltd RTO #21694, CRICOS #03397E trading as TMG Training & Consulting, TMG International and TMG English Language Centre
Related policies, procedures, forms, guidelines, standards, frameworks:
Related Policies - Refer to TMG Policy Framework Continuous Improvement Register and Forms Information for Prospective Learner Learner Handbook International Student Handbook ELICOS Student Handbook Complaints, Grievance and Appeals form TMG Website F-105 Complaints & Appeals F-105_1 Complaints & Appeals Outcome F-105_3 Complaints & Appeals Outcome Feedback Form RA01 Complaints and Appeals Register Appendix A: Student making Complaints and appeals at TMG Flow Chart Appendix B: Staff Processing Complaints at TMG Flow Chart Appendix C: Fact Sheet 01 - Complaints and Appeals Fact Sheet
Related legislation/applicable
ESOS/NCP
Standard 3.2 (d) Standard 6.1
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Policy number: TMGP09 tmg.edu.au
section of legislation:
Standard 7.5 Standard 11.6 , 11.7 Standard 13.4 SRTOs 2015
Standard 5 Clause 5.2 d. the learner’s rights, including: i. details of the RTO’s complaints and appeals process required by Standard 6. Standard 6 (Clauses 6.1 to 6.6)
2017 VET Funding Contract (Standard) Skills First Program and Contract Notifications
The Malka Group (TMG) ensures adherence to the 2017 VET Funding Contract – 2017 VET Funding Contract (Standard) Skills First Program, Contract Notifications Ministerial directions and all 2017 Guidelines.
National ELICOS Standards
Standard P8 – Business management
NEAS Standards
Section D: Student Services (1 Complaints and appeals procedures)
Other applicable legislation, regulations and guidelines
Contract and Compliance requirements:
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Education and Training Reform Act 2006 (Victoria) Standards for VET Accredited Courses 2012 Victorian Guidelines for VET Providers (Victoria) Privacy Act 1988 (Commonwealth) Information Privacy Act 2000 (Victoria) Financial Management and Accountability Act 1997 Australian Consumer Law 2011 Fair Trading Act 1999
https://internationaleducation.gov.au/RegulatoryInformation/Education-Services-for-Overseas-StudentsESOS-Legislative-Framework/NationalCode/nationalcodepartd/Pages/ESOSNationalcodePartD.aspx http://www.asqa.gov.au/users-guide-to-the-standardsfor-registered-training-organisations-2015/users-guide-tothe-standards-for-registered-training-organisations2015.html https://internationaleducation.gov.au/RegulatoryInformation/Education-Services-for-Overseas-StudentsESOS-LegislativeFramework/ELICOSnationalstandards/Pages/Default.aspx http://www.neas.org.au/wp-
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Policy number: TMGP09 tmg.edu.au
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content/uploads/2013/05/NEAS-International-Standards2009.pdf http://www.education.vic.gov.au/ training/providers/rto/Pages/serviceagree.aspx
Related to:
Domestic and International Students
Superseded documents:
N/A
Publication:
Compliance and Quality Assurance Department
Endorsed by Management Committee:
May, 2016
Document control:
All printed versions of this document are classified as uncontrolled. A controlled version of this document is available from the Staff Portal or in the ‘Policies & Forms’ section of TMG’s website. Questions on this policy should be initially directed to Quality Department at
[email protected]
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Policy number: TMGP09 tmg.edu.au
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Table of Contents Policy Document:............................................................................................................. 1 TMG Complaints and Appeals Policy............................................................................. 1 1. Title and policy number .......................................................................................................................................... 5 2. Purpose ..................................................................................................................................................................... 5 3. Policy Objective ...................................................................................................................................................... 5 5. Appealing ................................................................................................................................................................ 8 6. General Appeals ..................................................................................................................................................... 8 7. Assessment Appeals ............................................................................................................................................... 9 8. External Appeals...................................................................................................................................................... 9 9. Further information ................................................................................................................................................ 10 10. The TMG Complaints and Appeals policy - principles of natural justice and procedural fairness ........... 10 11. General Process to lodge a complaint or internal appeal ........................................................................... 11 12. Categorisation of complaint or appeal ........................................................................................................... 14 13. Continuous Improvement .................................................................................................................................. 15 14. Confidentiality and Privacy Statement ............................................................................................................ 15 15. Publication ........................................................................................................................................................... 15 16. Monitoring, evaluation and review ................................................................................................................... 15 17. Definitions and abbreviations ............................................................................................................................ 16 18. Appendix A: Student making Complaints and appeals at TMG Flow Chart .............................................. 17 19. Appendix B: Staff Processing Complaints at TMG Flow Chart ....................................................................... 18 20. Appendix C: Fact Sheet 01 - Complaints and Appeals Fact Sheet ............................................................. 19 21. Appendix D: Complaint Handling Checklist 2017 ........................................................................................... 22 22. Appendix E: National Code complaint handling standards ......................................................................... 25 23. Revision record .................................................................................................................................................... 26
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Policy number: TMGP09 tmg.edu.au
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1. Title and policy number TMGP09 – TMG Complaints and Appeals Policy
2. Purpose The purpose of this policy and procedure is to outline
TMG’s approach to managing dissatisfaction, formal complaints and appeals of students, clients, staff and other members of the community. TMG provides a transparent approach for all complaints and appeals to be addressed in a fair, efficient and confidential manner.
This policy and procedure ensures compliance with Standard 6 of the Standards for Registered Training Organisations, 2015.
3. Policy Objective The Malka Group Pty Ltd (TMG) deems a complaint or appeal to be dissatisfaction with the procedures, outcomes or the quality of service provided by TMG’s Training Consultant or TMG. TMG has developed a formal Complaint and Appeal policy and procedure that will be viewed as part of Continuous Improvement. TMG will approach all complaints and appeals with an open view and attempt to resolve issues through discussion and conciliation. Where a complaint cannot be resolved through discussion and mediation, TMG acknowledges the need for an appropriate external and independent agent to mediate between the parties. TMG understands individuals’ concerns regarding confidentiality and is totally committed to fair treatment respecting and upholding individuals’ rights to privacy protection under the Australian Privacy Principles (APPs) contained in The Privacy Act amended 1988 (Cth). TMG respects the privacy rights of all individuals in the workplace. TMG has implemented a program to ensure compliance with the APPs. TMG understands that despite all its efforts to provide satisfactory services to its students, complaints may occasionally arise that require formal resolution. Students have the opportunity to have any complaint or appeal resolved and resolutions reached that attempt to satisfy all parties. There is no cost to the student unless the referral is made to a third party. TMG ensures that it publishes The Complaints and Appeals Policy on its website at all times. Complaints and appeals may be made in relation to any of the following:
TMG, its trainers, assessors or other staff; any third party providing services on TMG’s behalf, its trainers, assessors or other staff; assessment/RPL outcome;
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Policy number: TMGP09 tmg.edu.au
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Fees and refunds/re-crediting or a student of TMG.
Complaints may be made in relation to any of TMG’s services and activities such as:
the application and enrolment process marketing information the quality of training and assessment provided training and assessment matters, including student progress, student support and assessment requirements the way someone has been treated the actions of another student
Appeals should be made to request that a decision made by TMG is reviewed. Decisions may have been about:
course admissions refund assessments response to a complaint assessment outcomes / results other general decisions made by TMG
TMG 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, TMG ensures that complaints and appeals:
Are responded to in a consistent and transparent manner. Are responded to promptly, 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.
The complaints and appeals policy and procedure and form are made available to all students and potential students by directly contacting TMG, through the TMG’s website, Pre-enrolment and Student handbooks. Where possible, all informal attempts shall be made to resolve the issue (Informal Compliant) this may include advice, discussions, meeting with the student, emails and general mediation in relation to the issue and the student’s issue. Any staff member can be involved in this informal process to resolve issues, but once a student has placed a formal complaint / appeal, the following procedures must be followed. If a student is uncomfortable with speaking directly to the person involved or the informal process does not resolve the issue to the student’s satisfaction, the formal process should be followed as described below. Where a student is unhappy with the outcome of an assessment decision, this will be dealt with under assessment appeals. The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 6 of 26 Location: Staff Portal
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4. Formal Complaints
Any student, potential student, employee or third party may submit a formal complaint to TMG with the reasonable expectation that all complaints will be treated with integrity and privacy. There is no cost for the complaints process unless it is referred to a third party. Complainants have the right to access advice and support from independent external agencies/persons at any point of the complaint and appeals process. Use of external services will be at the complainant’s costs unless authorised by the CEO. Any person wishing to submit a formal complaint can do so by completing the Complaints and Appeals Form and state their case, providing as many details as possible. This form can be obtained by contacting Administration staff at TMG, or through the TMG website. All formally submitted complaints are submitted to the General Manager Compliance, Administration & IT, General Manager Operations & Finance. Once a formal complaint is received it will be entered into the Complaints and Appeals Register which is monitored by the General Manager – Compliance, Quality Assurance and Training regularly. The information to be contained and updated within the register is as follows:
Submission date of complaint Name of complainant Description of complaint Determined Resolution Date of Resolution A student may be assisted or accompanied by a support person at any face to face meetings regardless of the nature of the issue or complaint throughout the process at all times. The General Manager Compliance, Administration & IT, General Manager Operations & Finance will then refer the matter to the appropriate staff members or CEO to resolve, or make a decision on the complaint within 10 working days and keep the complainant informed of any decisions or outcomes concluded, or processes in place to deal with the complaint. Where a decision is expected to take longer than 60 days, TMG will advise the student in writing of the delay and including the reasons for the delay. Thereafter the student will be provided with weekly updates in writing of the progress of the complaint or appeal. Once a decision has been reached, the General Manager Compliance, Administration & IT, General Manager Operations & Finance inform all parties involved in writing. Where the complaint process does not find in favour of the learner, they will be notified that they have the right of appeal. To appeal a decision, the RTO must receive, in writing, grounds of the appeal within 10 days of the date of the notice of the decision. The General Manager Compliance, Administration & IT, General Manager Operations & Finance ensures that TMG will act immediately on any complaint where the complaints process results in a decision that supports the student. TMG will immediately implement any decision The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 7 of 26 Location: Staff Portal
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and/or corrective and preventative action that are required, and advise the student of the outcome. Copies of all documentation, outcomes and further action required will be placed on the Complaints and Appeals Register by the General Manager Compliance, Administration & IT, General Manager Operations & Finance or representative and also in the student's file.
5. Appealing All students have the right to appeal decisions made by TMG where reasonable grounds can be established. The areas in which a student may appeal a decision made by TMG may include: •
Any other conclusion/decision that is made after a complaint has been dealt with TMG in the first instance as described in the complaints process above. (This is referred to as general appeals)
•
Assessments decisions as set out below (assessment appeals).
To activate the appeals process, the student must complete a Complaints and Appeals Form that is to include a summary of the grounds the appeal is based upon. The reason the student feels the decision is unfair is to be clearly explained and help and support with this process can be gained from TMG staff. With regard to general appeals, The Complaints and Appeals Committee determines the validity of the appeal and organises a meeting with all parties involved in the matter and attempts to seek resolution where appropriate. The process for all formally lodged appeals will begin within 10 working days of the appeal being lodged. The Complaints and Appeals Committee ensures TMG acts on any substantiated appeal. * The Complaints and Appeals Committee is made up of four people; the CEO, General Manager Operations & Finance, General Manager Quality Assurance, Compliance & CRICOS General Manager Compliance, Administration & IT.
6. General Appeals Where a student has appealed a decision or outcome of a formal complaint, they are required to notify TMG in writing within 20 working days of the grounds of their appeal. Any supporting documentation should also be attached to the appeal The appeal shall be lodged through the Complaints and Appeals Committee and they shall record the details of the appeal the Complaints and Appeals Register. The Complaints and Appeals Committee will be notified and will seek details regarding the initial documentation of the complaint and make a decision based on the grounds of the appeal. The student will be notified in writing of the outcome with reasons for the decisions, and the Complaints and Appeals Register updated. The student will also be provided the option of The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 8 of 26 Location: Staff Portal
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activating the external appeals process if they are not satisfied with the outcome. The student is required to notify TMG if they wish to proceed with the external appeals process.
7. Assessment Appeals Where a student wishes to appeal an assessment, they are required to notify their Trainer in the first instance. Where appropriate their Trainer may decide to re-assess the student to ensure a fair and equitable decision is gained. The Trainer shall complete a written report regarding the re-assessment outlining the reasons why assessment was - or was not - granted. If this is still not to the student’s satisfaction, the student may formally lodge an appeal. They will lodge this with the Complaints and Appeals Committee and the appeal will be entered in the Complaints and Appeals Register. The General Manager Compliance, Administration & IT, General Manager Operations & Finance will be notified and will seek details from the Trainer involved and any other relevant parties. A decision will be made regarding the appeal either indicating the assessment decision stands or details of a possible re-assessment by a third party. The third party will be another Trainer appointed by TMG. The student will be notified in writing of the outcome with reasons for the decision, and the Complaints and Appeals Register updated. The student will also be provided the option of activating the external appeals process if they are not satisfied with the outcome. The student is required to notify TMG if they wish to proceed with the external appeals process.
8. External Appeals If not satisfied with the decision in stage 2, the complainant may request that the matter be further reviewed by an external dispute resolution process, by the body appointed by TMG for that purpose. The details of these external bodies are as follows: LEADR Complaints, Appeals and Resolution Department https://www.leadriama.org/aboutleadr/compliments-suggestions-and-complaints Or The Dispute Settlement Centre of Victoria (DSCV) Dispute Assessment Officer Level 4, 456 Lonsdale Street Melbourne VIC 3000 Tel: 9603 8370 http://www.disputes.vic.gov.au Or Overseas Students Ombudsman (For International students only) at Website: http://www.oso.gov.au The division of the expenses associated with the mediation e.g. mediator’s fee, room hire and possibly travel expenses are to be shared equally between TMG and the complainant. The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 9 of 26 Location: Staff Portal
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The Malka Group Pty Ltd will immediately implement recommendations arising from the external review within at least 10 working days of the receipt of the recommendations.
9. Further information If a client (student or other client) is still dissatisfied with the decision of TMG, they may wish to seek advice or make a complaint about TMG to ASQA directly. If, after TMG’s internal complaints and appeals processes have been completed, you still believe TMG is breaching or has breached its legal requirements, you can submit a complaint to ASQA by completing the “The Complaint about a training organisation operating under ASQA’s jurisdiction” form. While ASQA will not be able to act as your advocate the lodgement of your complaint will inform ASQA’s risk assessment of TMG and a complaint audit may be conducted. Contact details for ASQA are: Australian Skills Quality Authority Melbourne - Level 6, 595 Collins Street Brisbane - Level 7, 215 Adelaide Street Sydney - Level 10, 255 Elizabeth Street Canberra - Ground Floor, 64 Northbourne Avenue Perth - Level 11, 250 St Georges Terrace Adelaide - Level 5, 115 Grenfell Street Hobart Level 11, 188 Collins Street Telephone: 1300 701 801 Email:
[email protected] Website: www.asqa.gov.au
TMG Staff may also use this complaints and appeals process. TMG will use all complaints as an opportunity for continuous improvement. This policy and procedure is compliant with VQF and National Code Standards in providing a process for complaints and appeals to be heard and actioned where necessary.
10. The TMG Complaints and Appeals policy - principles of natural justice and procedural fairness
All parties to a complaint or appeal have the opportunity to put their case and have this properly considered Any allegation against a TMG staff member or member of a subcontractor party is made known to that person Investigations and decisions are made by persons who do not exercise bias A complainant should feel confident that they will not suffer any discrimination as a result of using the complaint or appeal process
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Confidentiality shall be maintained to the extent of the people that need to be directly involved in the complaint or appeal process.
All the information regarding this policy can be found: o
On the TMG website;
o In the Pre-Enrolment Handbook and Learner Handbook; o In the Staff Handbook; o In the Letter of Offer and Agreement ; o During Orientation; o From Reception; The student can be supported or accompanied by an independent person or friend during the complaints and appeals process.
It is normal TMG policy that whilst a student is going through any formal complaint or appeals process that the student remains enrolled at TMG and continues their studies and assessments in the normal way. It should be noted that if the complaint or appeal has resulted in the student being suspended or excluded due to a breach of the Student Code of Conduct, then the suspension or exclusion shall continue until either it has expired or the result of the complaint or appeal is decided in the students favour.
TMG has a fair and transparent informal and formal complaints and appeals process, but should the student require it, access is available to an independent mediator who can review the compliant and/or appeals process.
Important: see notes at beginning of section on External Appeals Procedure below. NOTE: If the outcome is in the appellant’s favour then TMG will implement any changes recommended by the adjudicator immediately and advise the appellant of the outcome and actions taken.
11. General Process to lodge a complaint or internal appeal The process to be followed for an external appeal is documented for Domestic Students. The following actions must be completed for a complaint or internal appeal:
Topic
Process
Availability of Complaints and Appeals Policy and Procedures
The complaints and appeals policy and procedure and form are made available to all students and potential students by directly contacting TMG, through the TMG’s website, Pre enrolment and Learner handbooks.
Informal Complaints
Where possible all informal attempts shall be made to resolve the issue (Informal Compliant). This may include advice, discussions, meeting with the student, emails and general mediation in relation to the issue and the
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student’s issue. Any staff member can be involved in this informal process to resolve issues but once a student has placed a formal complaint / appeal the following procedures must be followed. Receive and acknowledge the Formal complaint
Complaints Any student, potential student, employee or third party may submit a formal complaint to TMG with the reasonable expectation that all complaints will be treated with integrity and privacy. There is no cost for the complaints process unless it is referred to a third party Complainants have the right to access advice and support from independent external agencies/persons at any point of the complaint and appeals process. Use of external services will be at the complainant’s costs unless authorised by the CEO. Any person wishing to submit a formal complaint or appeal can do so by completing the Complaints and Appeals Form and state their case providing as many details as possible. This form can be obtained by contacting Administration staff at TMG, or through the TMG website. a. As per policy, complaints are to be made in writing by the complainant. b. The General Manager Compliance, Administration & IT, General Manager Operations & Finance should review all complaints upon receipt. c. Acknowledge receipt of complaint in writing by sending a letter to complainant. d. Record details of the complaint on the Complaints and Appeals Register.
Review of Complaint or Appeal
Once a complaint or appeal is received and checked for it should be forwarded to the review person (identified in the table below) for review.
Cost
There will be no charge to the complainant or appellant for the lodgement or presentation of their case. Incidental expenses for attending TMG offices to lodge the document or attend a meeting or any charges incurred (e.g. telephone) will NOT be reimbursed. ALL complainants and appellants must be given the opportunity to formally present their case and to be accompanied by a friend or third party to support them (and if language is an issue to help them present their case). The cost to accompany that friend/third party will be at their own cost. The Review Person may gather evidence and constitute a review committee as they see fit.
Presentation of case
Determination
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This process must be commenced within 10 working days of the lodgement of the complaint or appeal (and receipt of all supporting evidence) and complete the process within a reasonable time period usually 10- 15 working days. If further evidence is requested, then the Review Person must communicate with the complainant or appellant as soon as possible and within 5 working days asking for evidence. The process will be put on hold until the evidence is received. How a decision is reached will be advised in the written response to the complainant or appellant. Timescale
The complaint or appeal should normally be commenced within 10 working days of the receipt of the completed form and associated supporting material. See “Determination” above in relation to request of supplementary information.
Appeal following a complaint
If the complainant is not happy with the decision they may appeal. That appeal is on the fairness and objectivity of the decision. A template for a formal written response has been developed for when the complaint is accepted or rejected. This included the complainant’s right to access the Internal Appeals process. A template for a formal written response has been developed for when the appeal is accepted or rejected. This includes the complainant’s right to access the External Appeal process. ALL documentation relating to a formal complaint or appeal MUST be recorded on the student file.
Formal response to a complaint
Formal response to an appeal
Documentation
This must include the initial form, supporting evidence, meeting minutes, copy of correspondence with all concerned parties. This information will be kept confidently and stored securely for 7 years.
Complaints and Appeals Register Learning
Standards for
Documentation of all complaints and appeals and their outcomes is securely maintained. Potential causes of complaints and appeals are identified and TMG takes appropriate corrective action to eliminate or mitigate the likelihood of reoccurrence. All formal complaints or appeals must be logged in the Complaints and Appeals Register A complaint or appeal is a learning opportunity for TMG. The outcome will be seen as an input to the continuous improvement process. Any decisions that support students will be immediately implemented Subject to Clause 6.6, to be compliant with Standard 6 TMG
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Registered Training Organisations 2015
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has the following procedures in place: 1. TMG has a complaints policy to manage and respond to allegations involving the conduct of: a) TMG, its trainers, assessors or other staff; b) a third party providing services on TMG’s behalf, its trainers, assessors or other staff; or c) a student of TMG. 2. TMG has an appeals policy to manage requests for a review of decisions, including assessment decisions, made by TMG or a third party providing services on the TMG’s behalf. 3. TMG’s complaints policy and appeals policy ensure: a) the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process; b) are publicly available; c) set out the procedure for making a complaint or requesting an appeal; d) complaints and requests for an appeal are acknowledged in writing and finalised as soon as practicable; and e) provide for review by an appropriate party independent of TMG 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. 4. Where TMG considers more than 60 calendar days are required to process and finalise the complaint or appeal, TMG: a) informs the complainant or appellant in writing, including reasons why more than 60 calendar days are required; and b) regularly updates the complainant or appellant on the progress of the matter.
12. Categorisation of complaint or appeal The nature of the complaint or appeal will be categorised as follows:
Matter referred to the following:
Administrative Complaint. Complaints against the delivery of administrative and support services and facilities
General Manager Compliance, Administration & IT, General Manager Operations & Finance
Academic Complaint. Complaints against teachers/trainers, training delivery and assessment and the like.
Course Coordinators
Student Conduct Complaint. Complaints against misconduct/ misbehaviour of students.
General Manager Operations & Finance Debra Peker
[email protected]
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CEO of TMG Malka Lawrence
[email protected]
13. Continuous Improvement A summary of all complaints and appeals received in the Complaints and Appeals Register will be presented as a part of the Continuous Improvement policy and procedure at the Management Meeting for review. The purpose of this is to ensure management become aware of:
repeat issues
students that may be being vexatious in using the process
Common threads relating to the general management and or safety of the staff and students and the services being provided.
(when viewed collectively) any general adverse trend that needs correcting
14. Confidentiality and Privacy Statement TMG values and is committed to protecting the privacy of its students. We collect and use student’s personal information provided on the Complaints Form to address their complaint. Access to the complaint details are restricted to authorised staff that assist in addressing the complaint. The student will receive written notification of the final outcome/resolution of the complaint. Students may have the right to access the personal information we held on them subject to any exemptions in relevant laws, by contacting us on
[email protected].
15. Publication This policy, once approved, will be available to all students and staff by accessing it from the TMG website or from TMG Reception. This policy and procedure will form part of the information distributed and communicated during staff orientation.
16. Monitoring, evaluation and review CEO or the delegated General Manager must monitor, evaluate and review this policy and relevant procedures on an ongoing basis and suggest appropriate changes to the Compliance and Quality Assurance Department for approval.
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17. Definitions and abbreviations Term Services
Standards
Complaint
Meaning means training, assessment, related educational and support services and/or activities related to the recruitment of prospective students. It does not include services such as student counselling, mediation or ICT support means the Standards for Registered Training Organisations (RTOs) 2015 from the VET Quality Framework
An informal or a formal written allegation of a breach of rules, policies or governing regulations of TMG either by a staff member or a student. This might include complaint about the RTO, RTO staff, other students or third parties, assessment outcomes/decisions.
Appeal
A request that an administrative decision or a complaint outcome be resubmitted for formal review or reconsideration
Appellant/ Complainant
A student (or staff member) who wishes to activate the complaints and appeals process
External Appeals Process
LEADR Complaints, Appeals and Resolution Department https://www.leadriama.org/aboutleadr/compliments-suggestions-andcomplaints Or The Dispute Settlement Centre of Victoria (DSCV) Dispute Assessment Officer Level 4, 456 Lonsdale Street Melbourne VIC 3000 Tel: 9603 8370 http://www.disputes.vic.gov.au Or Overseas Students Ombudsman (For International students only) at Website: http://www.oso.gov.au
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18. Appendix A: Student making Complaints and appeals at TMG Flow Chart
Information will also go in the Student File, SMS, PRISMS (Overseas/International Students)
Management committee and CI meeting
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19. Appendix B: Staff Processing Complaints at TMG Flow Chart
Or Parents
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20. Appendix C: Fact Sheet 01 - Complaints and Appeals Fact Sheet Background Students of The Malka Group (TMG) are encouraged to discuss any issues relating to their studies at TMG. Student complaints and academic appeals will be taken seriously and the matter addressed as soon as possible. TMG has established a simple process for dealing with complaints. Information regarding complaints is provided at orientation and in the student handbook, copies of the Complaints Policy are available on request and are documented in the Student Handbook and the TMG website. Please note that there is a suggestion box provided at the Reception area through which suggestions and general feedback can be made. TMG is committed to delivering quality services. To help us achieve this, we encourage your feedback on our services. Our complaint process aims to be:
fair timely easy to use
confidential Most importantly, your feedback can help us improve the services we offer. What is a complaint? A complaint is an expression of dissatisfaction about a service, procedure, practice or policy that is not resolved at the point of service. What matters are not covered by this complaint process? Policies and rules made by government regulators Judicial or Tribunal decisions. Decisions made outside this organisation that influence the way we do business or conduct a course such as Course Progress policies. The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 19 of 26 Location: Staff Portal
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Do I have to lodge my complaint in writing? Yes by filling a ST12-TMG Complaints Form, however if you are unable to do this our staff will take all reasonable steps to assist you. Where can I get a copy of the Complaint Form? The ST12 TMG Complaints Form is available on our website www.tmg.edu.au. If you have trouble accessing the internet, please contact our office on 1300 532 766 and one of our staff will send you a copy. Where do I send my complaint? CEO, TMG or General Manager Operations & Finance The Malka Group 29 Ellingworth Parade, Box Hill, Victoria 3128 Phone: 1300 532 766 Email:
[email protected]/
[email protected] What happens once I lodge my complaint? Your complaint will be investigated in 10 working days. During the investigation process you may be contacted to discuss your complaint or request further information. In some circumstances your complaint may be referred to a special panel such as the Review Panel for grading reviews. How long will it take? We must commence investigating your complaint within 10 working days. Standard complaints will be resolved within 20 working days. However, more complex complaints may take longer to resolve. In these cases our policy allows up to 45 working days to resolve your complaint. You will receive regular progress reports until the investigation is completed. What are the steps involved in Formal Complaint? The following is a guide only and may be modified to facilitate a particular course of action in the interests of the parties: 1. Try to resolve the complaint informally 2. If you are not able to find the solution, lodge the complaint formally (in writing) 3. Appropriate action is taken and you are advised in writing of the outcome – you will be asked to formally acknowledge whether you are satisfied or not 4. If you are not satisfied you are able to appeal to: LEADR ASQA Administrative Appeals Tribunal (VET FEE-HELP complaints) State dispute resolution centre State education regulator or National Training Complaints Hotline (13 38 73) The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 20 of 26 Location: Staff Portal
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What about my privacy? Any personal information you supply (such as your name, address, telephone number) will only be used by us to investigate your complaint and communicate the outcomes to you. We will only disclose your information to those areas within the business that may have information relevant to your complaint so that it can be managed fairly. None of the information provided will be disclosed outside of the business without your permission, unless we are required to do so by law. What if I change my mind? You may withdraw your complaint at any time and we will cease the investigation. What if I’m still not satisfied? Dispute Resolution Organisations Students can contact the dispute resolution organisation in their state which provides mediation and conflict management services. The details of these external bodies are as follows: LEADR Complaints, Appeals and Resolution Department https://www.leadriama.org/aboutleadr/compliments-suggestions-and-complaints Or The Dispute Settlement Centre of Victoria (DSCV) Dispute Assessment Officer Level 4, 456 Lonsdale Street Melbourne VIC 3000 Tel: 9603 8370 http://www.disputes.vic.gov.au Or Overseas Students Ombudsman (For International students only) at Website: http://www.oso.gov.au Further action Nothing in our policy will limit your right to take further action under Australia’s c onsumer p rotection l aws nor does our complaints and appeals policy circumscribe a student's right to pursue other legal remedies. Where can I get more information? If you require additional information please make an appointment to speak to the General Manager Operations & Finance or CEO, The Malka Group (TMG). Phone: 1300 532 766 The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 21 of 26 Location: Staff Portal
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21. Appendix D: Complaint Handling Checklist 2017 Background This Complaint Handling Checklist 2017 is created according to the guidelines released by Overseas Students Ombudsman for International students. Complaint Handlers’ Checklist ☐Do you have written complaint handling procedures? Are they easy to understand and apply? ☐ Do you acknowledge complaints promptly? ☐ Do you assess complaints and give them a priority? ☐ Do you resolve complaints on first contact if the complaint is straightforward? ☐ Where a complaint is more complex, do you prepare a short written investigation plan to direct the handling of the complaint? ☐ Do you keep written records of oral evidence? ☐ Do you give the student an opportunity to comment or show cause, before a decision is made that is not in their favour? ☐ Do you keep the student advised of the progress of their complaint, if there is a delay? ☐ When the complaint is finalised, do you give the student a detailed explanation of the complaint investigation and the outcome? ☐ Do you advise students of their right to access an external complaints and appeal process, if they are not satisfied after the internal complaints and appeals process? ☐ Do you assess individual complaints to see if there are any systemic issues that warrant attention? ☐ Do you regularly analyse complaint data to see what might be going wrong and what can be improved? ACKNOWLED GE all complaints quickly
RESPOND to the complainant with a clear decision
PLAN the investigation
ASSESS the complaint and give a priority
INVESTIGATE the complaint
CONSIDER if there are any systemic issues
FOLLOW UP any customer service concerns
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Other things to think about Accessibility: ☐ Do you make information about how to make a complaint freely available to
students? ☐ Do you allow students to complain in a variety of ways (telephone, email, website
and mail)? ☐ Do you encourage students to discuss or raise issues orally so that problems can be
resolved quickly where possible? Fairness: ☐ Is your complaint handling process confidential? ☐ Do you have a secure complaint handling database or system for recording
complaints that is restricted to authorised staff? ☐ Are anonymous complaints accepted? ☐ Is each complaint handled with an open mind, without any prejudice arising from
past issues with the student? ☐ Do you encourage complaint handling staff to report any conflict of interest, such as
a relationship with the student or other personal interest? ☐ If a student complains about a staff member, do you ensure a different staff member
investigates the complaint to ensure independence? ☐ Do you have timeliness standards for handling complaints? ☐ Do you advise students on first contact of the expected timeframes? ☐ Do you give students a contact number and preferably the name of a contact
person? Efficiency: ☐ Do you have regular internal reporting so that unresolved complaints can be
escalated to more senior staff if necessary?
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Responsiveness: ☐ Do you provide information about making a complaint in languages other than
English? ☐ Do you provide help for students who have a visual or hearing impairment? ☐ Is staff willing to deal with a guardian, friend or advocate of a vulnerable person who
wishes to complain? ☐ Do you have a policy for managing unreasonable complainant behaviour? ☐ Do you provide training for your staff in managing unreasonable complainant
behaviour? Integration: ☐ Are problems that are identified through complaints followed up by the areas
responsible? Culture and people: ☐ Does a senior manager have overall responsibility for complaints? ☐ Do staff at all levels understand and comply with your complaints and appeals
policy? ☐ Is your staff given proper guidance and support to handle complaints? ☐ Do you monitor staff performance to ensure complaints are handled properly and
appropriate remedies are provided? ☐ Is complaint handling staff good communicators, both orally and in writing?
Completed By: General Manager Operations & Finance Signature: _______________________________ Date: ______/______/_______ Reviewed By (CEO, TMG): Malka Lawrence Signature: _______________________________ Date: ______/______/_______
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Policy number: TMGP09 tmg.edu.au
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22. Appendix E: National Code complaint handling standards Background This National Code complaint handling standards are created according to the guidelines released by Overseas Students Ombudsman for International students and ESOS/National Code.
Do you meet the National Code complaint handling standards?* ☐ Applicable ☐ Not applicable
☐All providers must have a documented internal complaints and appeals process for students. In some institutions, the words ‘complaints’ and ‘appeals’ have different meanings and result in different processes. The National Code 2007 allows the provider to differentiate between these terms and resulting processes, as long as the minimum requirements of Standard 8 are met and the differences are clearly explained in the provider’s policies and procedures. ☐Providers must give all overseas students information about the complaints and appeals process during their orientation program (standard 6) ☐Providers must have a process in place for lodging a formal complaint or appeal if the matter cannot be resolved informally, which requires a written record of the complaint or appeal to be kept ☐The student must be granted immediate access to the provider’s complaints and appeals process. The process must begin within 10 working days of the formal lodgement of the complaint or appeal and supporting information ☐The student must be given the opportunity to formally present his or her case at minimal or no cost ☐The student must be allowed to be accompanied or assisted by a support person ☐The provider must maintain the student enrolment while the complaints and appeal process is ongoing. That is, the provider must not report the student through the Provider Registration and International Student Management System (PRISMS) ☐The provider must take all reasonable measures to finalise the complaints and appeals process as soon as practicable ☐The student must be given a written statement of the outcome of the internal complaints and appeals process, including details of the reasons for the outcome The Malka Group Pty Ltd Trading as TMG College Australia | Registered Training Organisation #21694 | CRICOS Provider Code 03397E THIS DOCUMENT IS UNCONTROLLED WHEN PRINTED Document Type: TMGP 09 Policy Document Version 5.0 Release Date: Jan 2017 Review Date: Jan 2018 Page 25 of 26 Location: Staff Portal
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☐If the student is not satisfied with the result or conduct of the internal complaint handling and appeals process, the registered provider must advise the student of his or her right to access the external complaints and appeals process at minimal or no cost ☐The registered provider must have arrangements in place for a person or body independent of and external to the registered provider to hear complaints or appeals arising from the registered provider’s internal complaints and appeals process or refer students to an existing body where that body is appropriate for the complaint or appeal * All registered education providers are required to meet Standard 8 ‘Complaints and Appeals’ of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (the National Code). See: https://internationaleducation.gov.au/Regulatory-Information/Education-Servicesfor-Overseas-Students-ESOS-Legislative-Framework/NationalCode/nationalcodepartd/Pages/ExplanatoryguideD8.aspx
Revision record Date
Version Number
Revision description/ Nature of change (change/reasons for change/comments)
20/05/2013
1.0
Policy created (First draft)
20/05/2014
2.0
Policy reviewed to incorporate feedback from all stakeholders and legislative changes
20/05/2015
3.0
Policy reviewed for ASQA re-registration audit
January 2016
4.0
Policy Reviewed and revised
May 2016
4.1
Policy Reviewed and revised
Jan 2017
5.0
Policy Reviewed and revised
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