Complaints and Appeals Policy

Introduction

In accordance with Standard 6 of the Standards for RTOs 2015, Skills Network is committed to providing our staff, students and stakeholders the best possible work and study environment. We understand that on occasion, there may be instances of dissatisfaction, and Skills Network will acknowledge, record, address and rectify promptly. In such instances, Skills Network will encourage staff, students and/or stakeholders to provide Skills Network with feedback so that a resolution can be found. Any complaints and appeals received provides an opportunity for Skills Network to review and improve our processes and practices.

Standard 6. Complaints and appeals are recorded, acknowledged and dealt with fairly, efficiently and effectively.

Clause 6.1. Skills Network has a complaints policy to manage and respond to allegations involving the conduct of:

1. Skills Network, its trainers, assessors or other staff
2. a third party providing services on Skills Network’s behalf, its trainers, assessors or other staff
3. a learner of Skills Network.

Clause 6.2. Skills Network has an appeals policy to manage requests for a review of decisions, including assessment decisions, made by Skills Network or a third party providing services on Skills Network’s behalf.

Clause 6.3. Skills Network’s complaints policy and appeals policy:

1. ensure the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process
2. are publicly available
3. set out the procedure for making a complaint or requesting an appeal
4. ensure complaints and requests for an appeal are acknowledged in writing and finalised as soon as practicable
5. provide for review by an appropriate party independent of Skills Network 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.

Clause 6.4. Where Skills Network considers more than 60 calendar days are required to process and finalise the complaint or appeal, Skills Network:

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

Clause 6.5. Skills Network:

securely maintains records of all complaints and appeals and their outcomes

identifies potential causes of complaints and appeals and takes appropriate corrective action to eliminate or mitigate the likelihood of reoccurrence.

Clause 6.6. Where Skills Network is an employer or a volunteer organisation whose learners solely consist of its employees or members, does not charge fees for the training or assessment, and does not have in place a specific complaints and appeals policy in accordance with clauses 6.1 and 6.2, the organisation has a complaints and appeals policy which is sufficiently broad to cover the services provided by Skills Network.

Complaints and Appeals Policy

• Skills Network is responsible for managing the complaints and appeals process
• All complaints and appeals are heard and resolved typically within three weeks of receipt
• If Skills Network considers that more than 60 calendar days are required to process and finalise the complaint or appeal, the complainant or appellant will be informed of the reasons for the extended timeframe in writing and will be regularly updated on the progress of the matter
• Skills Network will maintain and document all complaints and appeals received, actions taken and decisions made to the Continuous Improvement Register as Skills Network view all complaints and appeals as opportunities for continuous improvement
• Skills Network will undertake a continuous improvement process that includes reviewing both the details in the Complaints and Appeals Register, and the complaints and appeals policy and procedures, and taking appropriate corrective action to eliminate or mitigate the likelihood of the same problems occurring again.

A staff, student and/or stakeholder can complain informally and formally about any aspect of our dealings with them, and the student can appeal any decision we make, including assessment decisions.

Examples of complaints or appeals may include but not limited to the following:

Complaints:

• Access and equity, bullying, discrimination and harassment
• Administration process
• Course information
• Course duration / training
• Customer service
• Enrolments / withdrawing from a course
• Handling fees, refunds and cancellations
• Insufficient training provided
• Lack of policies, procedures and guidelines Learning materials
• System / Portal is slow
• Venue, equipment, WHS

Appeals:

• Students appeal against assessment outcomes and course progression

Complaints Procedure

In the first instance that:

• student is unhappy or dissatisfied with an aspect of our service delivery, they should speak to their trainer in an attempt to quickly resolve the issue
• staff is unhappy or dissatisfied with an aspect of company policy and procedures, they should speak to their direct supervisor
• employer is unhappy or dissatisfied with an aspect of our service delivery, they should speak with the Chief Operating Officer or Managing Director

If the issue is with their:

• trainer and the student feels that they would prefer not to approach the trainer, then the Compliance Manager is available to discuss the issue
• Direct supervisor and the staff feels that they would prefer not to approach their direct supervisor, they should consult the Chief Operating Officer or Managing Director and where necessary staff files are updated

Should the complaint or appeal not be resolved in the first instance, then the student is requested to formally lodge a complaint or appeal by completing the Complaints Appeals CI Form available for download using the link below.

Complaints Appeals CI Form

This formal complaint or appeal will be entered into the Continuous Improvement Register for review process.

Should the nature of the complaint refer to criminal matters or where the welfare of Students is in danger, Skills Network will, with the permission of the Student, seek assistance from other authorities such as The Police, Legal Representative or other parties as appropriate. Student confidentiality will be maintained at all times as is consistent with Federal and State Law.

Engagement of external assistance will be the responsibility of Skills Network and actions will be recorded in the Continuous Improvement Register. A formal interview will be held with the Student, the trainer (if appropriate) and Skills Network. If this is unable to resolve the issue, then the issue can be escalated to a mutually agreeable independent person or panel. The complainant or appellant will be provided with a formal written statement of the resolution of the complaint or appeal; this will state the reasons for the decision.

The suitable independent person or panel will need to be agreed upon by both the Student and Skills Network, this could include another external Trainer Assessor, or it could include independent commercial mediators such as Resolution Institute and InterMEDIATE.

• Resolution Institute can be contacted via www.resolution.institute
• Intermediate can be contact via www.intermediate.com.au

Costs for the independent person or panel, must be pre-approved by Skills Network. Skills Network will negotiate the identification and engagement of the mutually agreed person or panel. The data entry responsibility lies with Skills Network.

The complainant or appellant will be provided with a formal written statement of the resolution of the complaint or appeal; this will state the reasons for the decision.

ASQA provides information on its complaints handling process at asqa.gov.au/complaints

Please note, that the ASQA website advises that some complaints about refunds may be directed to the consumer protection agency in your state or territory:

• Australian Capital Territory: ACT Fair Trading
  Phone (02) 6207 3000
• New South Wales: NSW Fair Trading
  Phone 13 32 20
• Northern Territory: Northern Territory Consumer Affairs
  Phone 1800 019 319
• Queensland: Fair Trading
  Phone 13 74 68
• South Australia: Consumer and Business Services
  Phone 13 18 82
• Tasmania: Consumer Affairs and Fair Trading
  Phone 1300 65 44 99
• Victoria: Consumer Affairs Victoria
  Phone 1300 55 81 81
• Western Australia: Consumer Protection
  Phone 1300 304 054

Appeals Procedure

An appeal may be based on procedures not followed and/or the assessment was not considered on its academic merits.

Appeals against the outcome of an assessment must be made within five (5) working days of receiving the assessment outcome. Student will be required to complete the Complaints Appeals CI Form and submit the completed form to Skills Network’s Compliance Manager.

Note: Assessment appeals that are submitted outside this time frame will not be considered.

Students will need to state the grounds on which the appeal is made and must contain an outline of why the student believes the original assessment decision is inappropriate.

The Compliance Manager will review the initial assessment decision, the student’s completed Complaints Appeals CI Form, and consulting with the trainer/assessor responsible for the disputed assessment and enter information of the appeal submission to the Continuous Improvement Register.

Appeals may be escalated to the Managing Director as required. If, after this process, further information is required, the Managing Director will seek additional clarification from the student.

The student will be informed of the outcome of the assessment appeal typically within ten (10) working days of its lodgement (identified as the date of receipt of the appeal by Skills Network).

The decision of the Managing Director will be final and no appeals of this decision shall be made.

The Continuous Improvement Register will be updated with details regarding the appeal (student details, course, outcomes and relevant actions taken).