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Complaints Management Policy

Policy overview

1 Purpose

To facilitate the management of Complaints in a manner which is fair, just and timely.

2 Scope

This Policy applies to anyone wishing to make a Complaint to or about the University.

This Policy will be applied by the University in receiving and managing Complaints where no other University Policy Instrument or process applies.

Complaints about Employee conduct or performance, or Student conduct or performance, are managed in accordance with relevant University Policies and Procedures as listed in Section 7.

3 Policy Statement

The purpose of this Policy is to provide a framework to ensure that Complaints are addressed in a manner that is transparent, fair and timely, in accordance with principles of Natural Justice.

4 Principles

The University will facilitate access to the Complaints management process with due regard to principles of Procedural Fairness, including timeliness, confidentiality, accurate record keeping and the requirements of the Human Rights Act 2019 (Qld).

Responding to a Complaint may include early resolution at the local level, referral to relevant University Employees or referral to external agencies.

In some cases, the University may be legally obligated to refer the matter directly to the appropriate external agency. The University's obligations in respect of a disclosure of Information about suspected wrongdoing in the public sector are set out in the Public Interest Disclosure Policy. The University will inform the Complainant of a referral, where permitted.

Any person involved in a Complaint must act respectfully and participate in good faith in attempting to resolve the matter. The University does not tolerate Bullying, Harassment or Discrimination in any form, including Victimisation and Vilification.

The University may refuse to accept a Complaint on the basis that it is frivolous or Vexatious.

5 References

Queensland Ombudsman. (2022). Complaints management system (CMS) and internal review policy. https://www.ombudsman.qld.gov.au/how-to-complain/unhappy-with-us/complaints-management-system--cms--and-internal-review-policy

6 Schedules

This policy must be read in conjunction with its subordinate schedules as provided in the table below.

7 Policy Information

Accountable Officer

Provost

Responsible Officer

Deputy Vice-Chancellor (Academic Affairs)

Deputy Vice-Chancellor (Research and Innovation)

Deputy Vice-Chancellor (Enterprise Services)

Policy Type

Executive Policy

Policy Suite

Complaints Management Procedure

Unreasonable Student Complainant Conduct Procedure

Subordinate Schedules

Approved Date

8/3/2023

Effective Date

8/3/2023

Review Date

8/3/2028

Relevant Legislation

Australian Human Rights Commission Act 1986

Disability Services Act 2006 (Qld)

Education Services for Overseas Students Act 2000

Human Rights Act 2019

Work Health and Safety Act 2011 (Qld)

Policy Exceptions

Policy Exceptions Register

Related Policies

Code of Conduct Policy

Corrupt Conduct Reporting Policy

Corruption Complaints About the Vice-Chancellor Policy

Employee Complaints and Grievances Policy

Fraud and Corruption Management Policy

Prevention of Discrimination, Bullying, Harassment and Sexual Misconduct Policy

Privacy Policy

Public Interest Disclosure Policy

Records and Information Management Policy

Refund of Student Fees Policy and Procedure

Research Code of Conduct Policy

Right to Information Policy

Student Academic Integrity Policy

Student General Conduct Policy

Student Grievance Resolution Policy

Students with a Disability Policy and Procedure

Related Procedures

Discrimination, Bullying and Harassment Complaints against Employees Procedure

Employee Grievance Procedure

Records and Information Management Procedure

Research Code of Conduct: Management of Potential Breaches Procedure

Student Academic Progress Procedure

Student General Misconduct Procedure

Student Grievance Resolution Procedure

Related forms, publications and websites

Queensland Human Rights Commission

Australian Human Rights Commission

Queensland Ombudsman

Guidelines for Complaints Management

Online Complaints Form

Modern Slavery Remediation Process Flow Chart (under development)

Discrimination and Harassment Complaint Resolution Schedule

Student General Misconduct Procedure Penalty Schedule

Student Research Misconduct Penalty Schedule

Definitions

Terms defined in the Definitions Dictionary

Bullying

Bullying occurs when a person or group of people repeatedly behaves unreasonably towards a person or group of persons, and that behaviour creates a risk to health and safety....moreBullying occurs when a person or group of people repeatedly behaves unreasonably towards a person or group of persons, and that behaviour creates a risk to health and safety.

Complainant

A person who has made a Complaint....moreA person who has made a Complaint.

Complaint

A Complaint is an “expression of dissatisfaction made to or about the University, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required”....moreA Complaint is an “expression of dissatisfaction made to or about the University, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required”.

Discrimination

Occurs when a person or a group of people are treated less favourably than another person or group because of race, colour, national or ethnic origin; gender or marital status; disability; religion or political beliefs; sexual preference; or some other central characteristic. Discrimination may occur when a person is denied the opportunity to participate freely and fully in normal day-...moreOccurs when a person or a group of people are treated less favourably than another person or group because of race, colour, national or ethnic origin; gender or marital status; disability; religion or political beliefs; sexual preference; or some other central characteristic. Discrimination may occur when a person is denied the opportunity to participate freely and fully in normal day-to-day activities, for example being harassed in the workplace or being denied entry to public places and other facilities.

Employee

A person employed by the University and whose conditions of employment are covered by the Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University....moreA person employed by the University and whose conditions of employment are covered by the Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University.

Harassment

Harassment includes, but is not limited to, treating a person less favourably because of a person's characteristic such as their sex, race, age, disability, sexuality, religious or political belief or activity, or some other characteristic protected under anti-discrimination laws. Harassment may include Bullying a person and may also breach human rights legislation....moreHarassment includes, but is not limited to, treating a person less favourably because of a person's characteristic such as their sex, race, age, disability, sexuality, religious or political belief or activity, or some other characteristic protected under anti-discrimination laws. Harassment may include Bullying a person and may also breach human rights legislation.

Policy

A high level strategic directive that establishes a principle based approach on a subject. Policy is operationalised through Procedures that give instructions and set out processes to implement a Policy....moreA high level strategic directive that establishes a principle based approach on a subject. Policy is operationalised through Procedures that give instructions and set out processes to implement a Policy.

Procedural Fairness

Has the meaning ascribed to it from time to time by the applicable common law of the State of Queensland....moreHas the meaning ascribed to it from time to time by the applicable common law of the State of Queensland.

Procedure

An operational instruction that sets out the process to operationalise a Policy....moreAn operational instruction that sets out the process to operationalise a Policy.

Public Interest Disclosure

A public interest disclosure is a disclosure under Chapter 2 of the Public Interest Disclosure Act 2010 and includes all information and help given by the discloser to a Proper Authority for the disclosure....moreA public interest disclosure is a disclosure under Chapter 2 of the Public Interest Disclosure Act 2010 and includes all information and help given by the discloser to a Proper Authority for the disclosure.

Student

A person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled....moreA person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled.

University

The term 'University' or 'UniSQ' means the University of Southern Queensland....moreThe term 'University' or 'UniSQ' means the University of Southern Queensland.

University Members

Persons who include: Employees of the University whose conditions of employment are covered by the UniSQ Enterprise Agreement whether full time or fractional, continuing, fixed-term or casual, including senior Employees whose conditions of employment are covered by a written agreement or contract with the University; members of the University Council and University Committees; visiti...morePersons who include: Employees of the University whose conditions of employment are covered by the UniSQ Enterprise Agreement whether full time or fractional, continuing, fixed-term or casual, including senior Employees whose conditions of employment are covered by a written agreement or contract with the University; members of the University Council and University Committees; visiting, honorary and adjunct appointees; volunteers who contribute to University activities or who act on behalf of the University; and individuals who are granted access to University facilities or who are engaged in providing services to the University, such as contractors or consultants, where applicable.

Vexatious Complaint

A Complaint may be decided to be vexatious or frivolous when the substance of the Complaint is reasonably recognised as one or more of the following: Trivial; Without merit; Not in good faith; Pursued with undue persistence or with malice....moreA Complaint may be decided to be vexatious or frivolous when the substance of the Complaint is reasonably recognised as one or more of the following: Trivial; Without merit; Not in good faith; Pursued with undue persistence or with malice.

Victimisation

Any unfavourable treatment, or threats of unfavourable treatment against a person as a result of their actual or intended involvement in a complaint. Such involvement might include making a complaint or supplying information or producing documents to someone making a complaint. Unfavourable treatment may include adverse changes to their study or work environment, denial of access to re...moreAny unfavourable treatment, or threats of unfavourable treatment against a person as a result of their actual or intended involvement in a complaint. Such involvement might include making a complaint or supplying information or producing documents to someone making a complaint. Unfavourable treatment may include adverse changes to their study or work environment, denial of access to resources, opportunities or training, ignoring the person or giving a lower assessment of Student work.

Vilification

The public incitement of hatred, serious contempt or severe ridicule of a person on the basis of the race, religion, sexuality or gender identify of a person or members of a group. It can take several forms including hate-speech, graffiti, websites and the distribution of propaganda or other forms of offensive literature. Vilification includes threatening physical harm to a person or t...moreThe public incitement of hatred, serious contempt or severe ridicule of a person on the basis of the race, religion, sexuality or gender identify of a person or members of a group. It can take several forms including hate-speech, graffiti, websites and the distribution of propaganda or other forms of offensive literature. Vilification includes threatening physical harm to a person or their property or inciting others to threaten physical harm to a person or to their property. Vilification is an offence against the Anti-Discrimination Act 1991.

Definitions that relate to this policy only

Keywords

Complaint management, Complainant, Employee, Student, University Member

Record No

21/271PL

Complying with the law and observing Policy and Procedure is a condition of working and/or studying at the University.

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