Complaints and Appeals

This policy/procedure supports the Standards for Registered Training Organisations 2015 in providing a process for complaints and appeals to be heard and actioned.

All complaints and appeals received by the CMTO will be viewed as an opportunity for continuous improvement.  Despite all efforts of the CMTO to provide satisfactory services, complaints may occasionally arise that require formal resolution.

The following procedure provides the opportunity to have any issues relating to a complaint and/or appeal resolved.  All resolutions reached should attempt to satisfy all parties involved, however it is recognised that parties may need to adjust their position(s) for this to be achieved.

This complaints and appeals process will be at no cost to the complainant unless the complainant chooses to retain independent personal advice.  The CMTO will fund an independent mediator if one is required.

 

Procedure

  1. Informal process

Where possible, all non-formal attempts shall be made to resolve the complaint. This may include advice, discussions, and general mediation in relation to the issue.

Any staff can be involved in this informal process to resolve issues but once a formal complaint/appeal has been made, the Procedure for Formal Complaints must be followed.

 

  1. Procedure for Formal Complaints

The procedure for resolving complaints follows a five (5) step process.  The complainant may skip Step 1 if they feel that it is not appropriate and/or may request an independent mediator at any time during this process.  The CMTO may also retain an independent mediator at any stage during this process.

 

Step One

Complainant addresses issue directly to the other party with the view to resolving issue in a professional and mutually agreed way

Step Two

The complainant documents their complaint and lodges the complaint with the other parties Manager.  The manager investigates the complaint and must respond to the complainant within five (5) working days with a timeline and process for resolving issue in a professional and mutually agreed way.

Step Three

If not resolved, the Manager refers the complaint to the Compliance Officer.  The Compliance Officer further investigates the complaint and resolution attempts.  The Compliance Officer must respond to the complainant within five (5) working days with a timeline and process for resolving issue in a professional and mutually agreed way.

Step Four

If not resolved, the Compliance Officer refers the complaint to the CEO.  The CEO further investigates the complaint and resolution attempts.  The CEO must respond to the complainant within five (5) working days with a timeline and process for resolving issue in a professional and mutually agreed way.

Step Five

If not resolved, the CEO refers the complaint to the Board.  The Board allocates a Director to manage the complaint.   The Director further investigates the complaint and resolution attempts.  The Director must retain an independent mediator and respond to the complainant within five (5) working days with a timeline and process for resolving issue in a professional and mutually agreed way.

 

  1. Documenting the Complaint (Step 2)

All complaints will be treated with integrity and privacy.

Anyone wishing to submit a formal complaint or appeal can do so by completing FORM 16 Complaints and Appeals Form providing as many details as possible or they may document their complaint providing the information below.

FORM 16 Complaints and Appeals Form is available by contacting the Compliance Officer or can be downloaded from cmto.org.au

Complaints are to include the following information:

  1. Submission date of complaint
  2. Name of complainant
  3. Nature of complaint
  4. Date of the event which lead to the complaint
  5. Attachments (if applicable)

 

  1. Complainants’ rights
  • The right to be treated with dignity, integrity and in a professional manner
  • That the principles of fairness and natural justice will be followed by all parties to the complaint
  • A complainant may be assisted or accompanied by a support person regardless of the nature of the complaint.
  • Complainants are able to present their case in person
  • The right to appeal a decision and to escalate the complaint to the next Step
  • All parties to be informed in writing of any decisions and outcomes

 

  1. Assessment appeals

Where a student wishes to appeal an assessment decision, they must notify their assessor within five (5) working days of receiving their assessment decision. The assessor will re-assess the assignment and provide written advice as to the new assessment outcome.

If the complainant is not satisfied, the Five (5) Step process will be followed, commencing at Step Three.

 

  1. Compliance with RTO Standards and corrective actions

Copies of all documentation, outcomes and further action required will be placed into FORM 17 Complaints and Appeals Register by the Compliance Officer.

If the complaint results in a decision that supports the complainant, the CMTO must immediately implement any decision and/or take corrective and preventative action that is required and advise the complainant of the outcome.

 

  1. External Appeals

If a complainant is still dissatisfied with the decision of the CMTO, a complainant may wish to refer the matter to an external independent/third party mediator, such as:

Where a decision or outcome is in favour of the complainant, the CMTO shall follow the required action and recommendation from the third-party mediator to satisfy the complainant’s appeal, as soon as practicable.

 

ASQA

Complaints can be made directly to ASQA.

Further information about this can be found on the ASQA website- http://www.asqa.gov.au/complaints/making-a-complaint.html

NSW Smart and Skilled

In the case of complainants enrolled in courses funded by the NSW Smart and Skilled Program, complainants have a right to take unresolved matters to the NSW Department of Education and Communities Consumer Protection Unit for Complainants.

They can do so at: https://smartandskilled.nsw.gov.au/for-complainants/consumer-protection-for-complainants

or by emailing [email protected]

or by phoning 1300 772 104

 

FORM 16 – Complaints and Appeals Form V1.1

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