Aged Care Training and Education (ACET)
Complaints Policy and Management Procedure
Introduction
Health Leaders Australia (HLA) and its Aged Care Education and Training (ACET) Business Portfolio are committed to a culture of continuous improvement to provide programs and services of the highest quality, however from time-to-time stakeholders may raise concerns about matters or issues relating to their experiences with our organisations.
HLA and ACET aim to resolve a perceived/potential complaint as early and effectively as possible and avoid any undue escalation.
Relevant stakeholders and staff can seek information and advice about matters of concern without being required to lodge a formal complaint.
Scope
Where issues raised have not been resolved locally through normal day-to-day communication, or through our continual improvement and corrective action reporting, a stakeholder may wish to lodge a formal complaint.
Purpose
The purpose of this policy is to provide for the fair and prompt resolution of complaints and to provide a clear framework under which complaints can be handled.
Policy
This policy stands alone and once implemented to address a complaint cannot be stalled or influenced by the actions of others whether intentional or unintentional. While the process to address a complaint is under way and provided the actions of our staff are consistent with this policy the process will continue to its conclusion.
Matters and information that may be perceived by others as relevant to the complaint under investigation, but which fall outside the remit of this policy will be held over and considered after the complaint has reached its conclusion. Should this situation eventuate, this will be treated as a new complaint under this policy.
The assessment of the relevance of any new material to the initial complaint rests solely with HLA or ACET and the outcome of that assessment is final.
HLA and ACET recognises our responsibility to provide an environment in which all stakeholders are treated fairly and with respect. We are committed to maintaining an organisational culture in which a stakeholder’s right to seek resolution of a complaint is recognised, supported and is without retribution.
This Policy provides a visible and accessible process for complaints resolution and encourages prompt attention to all complaints.
HLA and ACET will, subject to principles of confidentiality and persons’ rights to privacy, endeavour to provide updates to complainants and persons against whom a complaint is made. We recognise, however, that there may be circumstances in which this would not be desirable and therefore reserves the right to decline to inform or update any person on any complaint. Circumstances in which these updates are not desirable will be entirely at HLA/ACET management/Board discretion.
All parties to a complaint must respect confidentiality and have the right to seek independent advice.
A clear distinction between a Complaint and a Grievance is provided as follows:
Complaint: An expression of dissatisfaction that arises where a stakeholder considers that he or she has been disadvantaged because of an action, decision, or omission within the control or responsibility of HLA or ACET.
Grievance: A written statement of dissatisfaction, where a Complainant believes that a Complaint remains unresolved after having been dealt with in accordance with the HLA and ACET complaints management policy and procedure.
Process
Complaints directed to HLA or ACET may originate from various stakeholders. This Policy provides an overarching process under which complaints are handled.
HLA/ACET will attempt to resolve the issue through one or more of the processes referred to as Stage 1 Complaint, Stage 2 Formal Complaint, and Stage 3 Grievance, as detailed below.
On receipt of a complaint, HLA or ACET will attempt to resolve the issue locally, treating the matter as a Stage 1 Complaint. Should a resolution not be reached, the complainant may wish to progress the complaint to the next stage, as a Stage 2 Formal Complaint. Should a resolution not be reached in Stage 2, the complainant may seek to lodge a Stage 3 Grievance.
Where a complaint involves:
- The conduct of HLA or ACET employees, HLA/AACET may raise the matter with the employee concerned and may seek their comment and input into the resolution of the complaint. The complainant will not have the right to confront or examine those employees.
- The conduct of the CEO, a written complaint should be directed to the Chairperson of the HLA Board.
Stage 1 - Complaint:
If the complainant is an HLA or ACET staff member, the complainant is encouraged to make an initial approach to the complainant’s line manager. In the case of an HLA or ACET student making a complaint, the complainant should make the complaint to the program coordinator. Should the complaint be relative to the decisions or other actions of the Chief Executive Officer, the complainant should raise the complaint with the Chairperson of the HLA/ACET Board.
The HLA/ACET person to who a complaint is raised, shall make all reasonable efforts to resolve the issue and shall provide information to the complainant on where to seek further information and advice regarding the availability and intent of this Policy.
Complainants shall make all reasonable efforts to familiarise themselves with this Policy and its processes.
If the complaint is not resolved locally at Stage 1, the complainant may lodge a written complaint as outlined in Stage 2 of these processes.
Stage 2 - Formal Complaint:
- The efforts taken by the complainant to resolve the complaint at Stage 1;
- Details of why the complainant is not satisfied with the efforts or the outcome of the efforts taken to resolve the complaint at Stage 1;
- The desired outcome sought by the complainant. The complainant can indicate a preferred method for achieving the desired outcome, for example: negotiation, mediation, conciliation.
Complainants who do not provide sufficient information may be contacted by the investigating HLA/ACET person to request the supply of further information or to be offered the provision of assistance.
An investigation into the complaint will be undertaken.
A Stage 2 Formal Complaint will not be deemed to have been lodged until all relevant information has been provided and/or the complainant has demonstrated reasonable attempts in the circumstances to resolve the matter at Stage 1 Complaint.
Acknowledgment of the receipt of a Stage 2 Formal Complaint will normally be provided to the complainant within 2 working days and ideally resolved within 7 working days from the time all information is made available to the satisfaction of the CEO/Board Chairperson.
The complaint may be referred to an independent third party as nominated and agreed to by the complainant, and a (if any) person against whom the complaint is made. If such agreement is cannot be reached, the independent third party will be chosen by the CEO or Chairperson of the HLA/ACET Board. If the complaint is escalated to involve the assistance of an independent third party, a proposed resolution shall be reported in writing to the CEO, who must consent to its terms. If the CEO is involved in the dispute, the report must go to and be consented to by the Board Chairperson.
Formal Complaint against an HLA/ACET staff member:
- While the dispute and dispute resolution mechanism remain contained within the internal process of HLA and/or ACET (those not involving independent third parties), agreed expenses (other than costs associated with the complainant obtaining legal advice) will be borne by HLA/ACET; and
- At no stage will any legal or associated costs of the complainant be borne by HLA or ACET.
The record of the Formal Complaint (Stage 2) and all documentation received in respect of such complaint and its proceedings will be kept in a secure location by the HLA/ACET CEO. All files will be kept in accordance with sound records management policy and procedure.
Timeframe for response:
Where after a period of seven (7) working days inactivity by the complainant, i.e., failure to respond to any notification or request for further information in relation to the Formal Complaint, HLA/ACET will consider the matter closed.
The CEO maintains a register of all complaints and all complaints are reported to the Board.
HLA/ACET are unable to deal with or investigate anonymous complaints, however a record of any anonymous complaint received will be kept.
The CEO/Board Chairperson will provide a written report as to the findings of the investigation. If the Formal Complaint is substantiated, HLA/ACET will undertake appropriate agreed steps to resolve the complaint, address the complainant’s concerns and/or prevent the problem from recurring.
Should the matter not be resolved as a Stage 2 Formal Complaint, the complainant may advise of their intention to initiate a Stage 3 Grievance.
Stage 3 - Grievance
To initiate a Grievance, additional written documentation is required to be lodged with the CEO, or in instances where the claim relates directly to the CEO, be lodged with the Board Chairperson.
Acknowledgment of the receipt of a Stage 3 Grievance will normally be provided within two (2) working days and ideally resolved within seven (7) working days from the time all information is made available to the satisfaction of the CEO/Board. More complex issues may require a longer period to resolve.
The HLA/ACET Board will be notified by the CEO, immediately following the receipt of any Grievance (Stage 3) situation.
The CEO or HLA/ACET Board will assess the situation and determine the next steps. The treatment of grievances will be guided by the principles of confidentiality, timelines, transparency and procedural fairness, and the aggrieved person will be kept appropriately informed of progress and advised of options by the CEO or HLA/ACET Board nominated representative.
The activation of the Stage 3 Grievance process will only occur if one or more of the following events occur:
- New evidence supporting the case of the Complainant is provided; and/or
- The Complainant can provide evidence of a breach of HLA/ACET policy in the processing of the initial complaint.
The CEO (or Board Chair person) will assess if there is sufficient evidence provided to substantiate the activation of the Stage 3 Grievance process. If there is insufficient evidence to activate the Grievance process, the CEO after consultation with the Board Chairperson will advise the claimant of this fact and that:
- HLA or ACET has addressed the issue at hand with due procedural fairness;
- All avenues open to the Claimant have been exhausted; and
- No further communication will be entered into on this matter.
Withdrawal of a Grievance must be noted by lodging a written statement of withdrawal to the CEO or Board Chairperson.
Complaint Lodgement
If you have a complaint, the complaint must first be made to us in writing, and addressed to the Chief Executive Officer, or to the Board Chairperson if the complaint relates to the Chief Executive Officer, using the contact details in this section. We will require a reasonable time to respond to the complaint.
Postal Address: PO Box 85, Aspley Post Office, Qld 4034
Aged Care Education & Training
ABN: 40 155 047 779
E: info@acet.org.au
M: 0409 847 172