Complaints Management Procedure
| Effective Date: | 13/01/2025 | Review Date: | February 2027 |
| Document Status: | PUBLISHED | Current Version: | 2025.1 |
| Consultation Period Opened: | 01/12/2024 | Consultation Period Closed: | 22/12/2024 |
| Authorised by: | Chief Executive Officer | Document Owner: | Alexander Mueller |
| Standards for RTOs (Version 2025) | Standard 2 | Clause(s) | 2.7 |
| Original Version: | July 2012 | RTO: | 22570 |
WARNING! – UNCONTROLLED WHEN PRINTED! – THE ORIGINAL/LATEST/CURRENT VERSION OF THIS DOCUMENT IS KEPT IN THE I.T.S POLICY AND PROCEDURES MANUAL LOCATED IN THE STAFF PORTAL.
01. Objective
This procedure outlines how complaints made by Students and Members of the Public are managed by Intelligent Training Solutions (the College).
The College aims to resolve complaints and concerns from Students and Members of the Public in a transparent, consistent, fair and timely manner.
Feedback received through the complaint process provides the College with valuable insights, allowing the College to improve the experience of its students and that of members of the public.
02. Scope
This procedure provides a framework for managing complaints made by:
- Students of the College, including students studying with partner providers; and
- Members of the public.
When dealing with complaints made by members of the public, the College will make adjustments to the processes set out in this procedure if and as necessary or appropriate in the circumstances.
NOTE: This procedure does NOT apply to complaints made by staff members of Intelligent Training Solutions. The complaints or grievances of Staff members are managed according to the terms of the Staff Grievance Procedure.
All staff members, when handling concerns or complaints from students or members of the public, must comply with this Procedure.
Decisions or matters covered by another University or College procedure or process will not be dealt with via the Complaints Management Procedure.
This procedure applies to all students, staff and other members of the public associated with the College, in all situations or activities related to the College. Such situations and activities may extend beyond our training venues and day-to-day activities, for example: field trips, conferences, events and functions, student senate/club/volunteer activities.
03. Legislative Context
- Standards for Registered Training Organisations 2015
- Revised Standards for Registered Training Organisations 2025
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth)
- Disability Discrimination Act 1992 (Cth)
- Age Discrimination Act 2004 (Cth)
- Racial and Religious Tolerance Act 2001 (Vic)
- Gender Equality Act 2020 (Vic)
04. Definitions
| TERM | DEFINITION |
| Academic | A member of the College’s academic or teaching staff, (example: Unit Coordinator, Course Coordinator). |
| Complaint |
A complaint is an expression of dissatisfaction with one or more aspects of:
|
| Complainant | The student or member of the public making the complaint. |
| Good Faith | Means to act with honesty and sincerity of intention. |
| Investigator | Means a person independent of the persons involved in the complaint and who is appointed to investigate the complaint. The investigator may be internal or external to the College. |
| Level 1 Complaint | Means the first formal complaint made by a complainant. |
| Level 2 Complaint | Means a complaint that has been escalated following a Level 1 complaint outcome. |
| Member of the Public | In addition to its natural meaning, this term includes prospective students and former students of the College. |
| Natural Justice | Means general procedural fairness in the handling of a complaint that
involves all the following elements:
|
| Partner Provider | A third-party provider who has entered into an agreement with Intelligent Training Solutions to deliver all or part of a unit or course to students. |
| Respondent | Means the person or persons against whom a complaint is made and who might be a staff member or might be a member of the wider College community. |
| Senior Staff Member | Means an Executive Officer or nominee who is managing a Level 2 Complaint. |
| Staff | Includes any person who has an employment contract with the College on a full-time, part-time, sessional, or casual basis, or those employed through a contract for services. |
| Student | Is any person enrolled as a student at Intelligent Training Solutions. This includes full-time, part-time, online, blended delivery, or distance education students. |
| Student Advocacy | Refers to the College’s General Manager or Student Support Team. |
| Student Integrity Team | Refers to the part of our business which is responsible for the College’s complaint processes (excluding staff complaints or grievances) and the management of the online complaints register. |
| Student Integrity Officer | The person responsible at Intelligent Training Solutions who administers the College’s complaint processes (excluding staff complaints or grievances). |
| Support Person | Means a person who accompanies a party to a complaint during any stage of the procedure. May be internal or external to the College and should not be acting in a legal capacity. |
| Victimisation | Is where a person subjects (or threatens to subject) another person to any detriment because that person has made (or might make) a complaint in relation to this procedure or is involved (or might be involved) in the resolution of a complaint, including as a witness. Victimisation includes physical, visual, verbal and non-verbal behaviour. |
| Working Day | Means an ordinary business day of the College (excluding weekends, public holidays or days on which the College is officially closed, e.g. Christmas close-down). |
05. Submitting a Complaint – All Complaints
As a first measure of attempting to resolve a complaint, complainants may approach a staff member with whom they feel comfortable with a view to resolving the concern informally at a local level. For example, if the complainant is a student whose concern relates to an academic matter, the staff member to be approached might be the relevant academic.
If a complainant is unable to resolve a matter informally, or informal resolution is not appropriate in the circumstances, they may submit an online complaint: see below. This is termed a Level 1 complaint.
If a student or member of the public wishes to submit a Level 1 complaint, the complaint must be in writing and submitted as an online complaint. This can be through the College’s online learner portal, or via email to admin@its.edu.au.
The complaint must clearly set out:
- details of the concern or issues which the complainant wishes to raise, including relevant actions, dates and persons concerned;
- what steps (if any) that the complainant has taken to attempt to resolve the concern;
- the outcome which the complainant is seeking; and
- all relevant documents/attachments.
Upon submitting a complaint, the complainant will receive an email confirming receipt. The College may, at its discretion, dismiss a complaint if the complaint:
- is not submitted in good faith;
- is malicious;
- is vexatious; or
- is unrelated to the College.
If a complainant submits a complaint relating to a matter that has already been dealt with by the College, the College will not take any further action unless it considers there to be unresolved issues with respect to those matters.
Part A – General Complaints
Refer to Annexure A for a summary of the Complaint resolution process.
Please note that this section applies to a Complaint that is not related to Discrimination or Sexual Harm. For all Discrimination-related Complaints, please refer to Part B. For Sexual Harm, please refer to the Student Sexual Harm Procedure.
Step 1: Informal self-managed resolution
Before making a complaint, a complainant is expected to try and resolve the concern directly and informally with the person or area involved if it is reasonable and appropriate to do so.
To do this, the complainant should contact the relevant person and arrange a time to discuss the issue.
Student Advocacy can help assist students to clarify their issues, prepare for informal meetings and/or provide support at informal meetings.
Step 2: Formal complaints
Level 1 Complaint:
If the complainant is unable to resolve the complaint informally, the complainant can submit a formal Level 1 complaint via email or the online form – Complaints Reporting Form.
Complaints received through the formal mechanism described above will be acknowledged in writing within five (5) working days of receipt by either the administration team or by a member of the Student Integrity Team. Complaints received through other channels will be acknowledged as soon as possible.
The email acknowledging the complaint to the complainant will confirm:
- Whether the subject matter of the complaint will be considered under this Complaints Management Procedure;
- Who the complaint has been referred to, for example, the relevant member of Staff, the Institute/Directorate or Principal (or equivalent); and
- Whether the subject matter of the complaint falls outside this Complaints Management Procedure, in which case the complainant will be redirected to the appropriate area of the College.
The relevant staff member may take such steps that they believe may assist in resolving the concern. The steps may include:
- Meeting or talking with the complainant and/or other persons referred to in the complaint;
- Gathering information relevant to the complaint;
- Referring the complaint to another staff member who can assist in resolving the complaint;
- If the complainant is a student, refer the complainant to student support services (for example: counselling, student advocacy); and
- consulting with subject matter experts.
Students will have an opportunity to formally present their case to the Student Integrity Officer in writing, or in person at no cost to the student.
Within thirty (30) working days’ of receiving the complaint, the relevant staff member will notify the complainant by email of the outcome and/or actions to be taken. This timeframe may be extended in certain circumstances, and the complainant will be informed of any extended timeframes. Complex cases may take more time.
Level 2: Escalated Complaint
If a complainant is dissatisfied with the Level 1 Complaint outcome, they may request an escalation of their Complaint to Level 2. Escalation of a Complaint is subject to certain conditions: see ‘Grounds for Escalation’, set out below.
If the grounds for escalation are met, a complainant may request an escalation of the complaint by emailing support@its.edu.au within twenty (20) working days of the date of the letter informing the student of the Level 1 Complaint outcome received.
Student Advocacy can support students to identify grounds for escalation and support students to make the request.
Request to Escalate – Grounds for Escalation
A complainant’s request to escalate a complaint must expressly state that the request is made on one or more of the following grounds:
- That there is relevant evidence that was not reasonably available to the complainant or could not reasonably have been obtained by the complainant when the complaint was first made;
- That there was a failure to consider evidence that was available at that time;
- That there was a failure to comply with relevant College policy, procedure or processes, or
- The relevant staff member failed to apply the principles of natural justice.
Important: in each case, the complainant’s request to escalate must be supported by evidence substantiating the grounds alleged. Such evidence can include medical evidence, statutory declarations, and police reports.
The Student Integrity Team will review the submission of the request to escalate the complaint and the relevant grounds for escalation and determine whether to accept or reject the escalation of the complaint.
The Student Integrity Team’s decision in respect of accepting or rejecting the escalation of a complaint will be based upon their determination that the documentation provided by the complainant has satisfied one or more of the grounds set out in paragraphs (1) – (4), above.
Determination of the request to escalate
Within five (5) working days of submission of the request to escalate the complaint, the Student Integrity Officer will inform the complainant whether that request has been granted. Where the request to escalate a complaint has been granted, the Student Integrity Officer will email the complainant to confirm the name and title of the senior staff member appointed to deal with the escalated complaint.
If a complainant’s request to escalate a complaint is denied, the complainant may choose to pursue their complaint with an external organisation (refer to “External Review” below).
Investigation of the Escalated Complaint
The usual process for determining an escalated complaint is by the conduct of an investigation. A senior staff member, for the purposes of managing this process, usually a Principle or Executive, a Director, a member of the Senior Management Team or their nominee.
As part of the investigation process, the senior staff member may:
- Speak with the complainant and any other persons they consider relevant to the complaint;
- Gather information and documents related to the complaint;
- Seek any further information that they consider necessary;
- Conduct the investigation in accordance with the principles of natural justice;
- Make factual findings on matters relevant to the complaint; and
- Recommend appropriate action to be taken by the College (if required).
The Senior Staff Member must conduct an investigation and determine an appropriate outcome, based on their investigation within thirty (30) working days. The senior staff member will notify the complainant of the outcome of the escalated complaint, the reasons for the decision made and any steps that will be taken. Note that this timeframe may be extended in certain circumstances and the complainant will be informed of any extended timeframes. Complex cases may take more time.
The decision of the senior staff member is the final step in the student complaint process. If the complainant is a student and they are unhappy with the outcome of the senior staff member’s decision, it may be reviewed through the student appeal process under the Student Appeal Procedure, unless the senior staff member has determined that the complaint is frivolous, trivial or vexatious.
The student appeals process is not available to non-student complainants. Non-student complainants who wish to pursue their complaint after receiving a Level 2 complaint outcome can do so by seeking an external review (below).
06. Actions
06.1. Alternative Staff Member
Where appropriate, any staff member may nominate an alternative staff member to manage a Level 1 or 2 complaint on their behalf. The nominee will apply all applicable processes under this Procedure.
06.2. Support Person
All parties have the right to a support person during any stage of the complaints process. The support person may be internal or external to the College and should not be legally trained, or if they are, not be acting in any legal capacity to represent them during the complaint process. A support person is primarily an observer and may speak where invited to do so by the person responsible for conducting the relevant meeting or discussion, or with the express consent of the student.
If a student identifies as Aboriginal or Torres Strait Islander, they have the right to an Aboriginal Success Support Officer as an additional advocate at their cost.
06.3. Right to an advocate
A person whose capacity for self-advocacy is impaired has the right to an advocate of their choice who is not legally trained, or if they are, who is not acting in any legal capacity to represent them during the complaint process. The right to an advocate speaking on behalf of a student at a hearing must be approved by the Chair.
Student Advocacy can act as an advocate to students involved in the complaints process.
06.4. Confidentiality
All persons involved in the complaint process, including the support person(s), must maintain confidentiality and only discuss the complaint with persons who need to know in order to assist in the resolution of the complaint, during the complaint management process. This responsibility extends to the complainant, the respondent, their support persons and any advocate representing the complainant or respondent. Failure to maintain confidentiality may result in disciplinary or other action. This does not prevent any party from discussing the matter with any confidential support service.
06.5. Anonymous Complaints
If a Complainant submits a complaint anonymously, the College might be limited in the actions it can take to resolve it. If the complainant does not provide relevant and current contact information, the College may not be able to provide a response to the complaint.
06.6. Good Faith and Fairness
Every Complaint must be made in Good Faith and must include all relevant facts to assist the College to resolve it. The College is committing to making a genuine attempt to resolve Complaints. Inappropriate language and behaviours, or misuse of the Complaints process, may lead to disciplinary action, see Student Misconduct Procedure. This Procedure will be applied in a consistent and fair manner. The College will not tolerate retributive actions or the Victimisation of a person who raises a concern or Complaint in Good Faith.
06.7. Timeliness
Complainants should take steps to address their concerns as soon as possible and, where appropriate, at an informal level (see further, below). While the College does not set a time limit for the making of a complaint, each complaint should be made as promptly as possible. In the case of students, the complaint should relate to issues arising from the period of the student’s admission to, or enrolment at, the College.
The College will endeavour to respond in a prompt manner, in accordance with its own internal timelines. If a staff member cannot meet the relevant resolution timeframe, the complainant will be notified of this, along with the reasons for the delay and an estimated timeframe in which they can expect to receive a response.
As time passes, complaints can become very difficult to resolve and, in some circumstances, the College may determine that a complaint has been submitted too late to be considered and acted upon.
06.8. External Review
Complaints about the administrative actions and decisions of the College may be made to the Victorian Ombudsman. Refer to the Ombudsman Victoria website for further information. Students studying in another State may make a complaint to the equivalent office in that State. The relevant Ombudsman in each state can be found by clicking on the below links:
Complainants may also access other external organisations such as the Victorian Equal Opportunity and Human Rights Commission and the Australian Human Rights Commission. Students can discuss their external review options with Student Advocacy.
06.9. Review and Improvement (Continuous Improvement)
Monitoring, reporting and review will occur with the purpose of reducing complaint instance rates and addressing underlying causes. Regular reporting will assist with the identification of recurring complaints or systemic issues and will contribute to the College’s commitment to Continuous improvement.
The General Manager will generate de-identified reports from student complaint data for consideration by senior staff and by the College’s Audit and Risk Management Committee on a bi-annual basis.
NOTE: If there is any matter arising from a student’s formal complaint that is a systemic issue that requires improvement action, this will be reported, by the Student Integrity Officer, in writing (via the continuous improvement register) to the General Manager and Chief Executive Officer so that the matter can be reviewed, recorded and be used as part of the continuous improvement activities of the College.
07. Supporting Documents
Nil
08. Responsibility
- All staff members report and provide assurance to the College Executive Team that Student Complaints are being monitored and appropriate steps are being taken to address underlying causes.
- The Chief Executive Officer (as Approval Authority), is responsible for approving and overseeing the implementation of this procedure.
- The Chief Executive Officer is responsible for reviewing and implementing this Procedure.
- The Student Integrity Team is responsible for the effective processing and reporting of Student Complaints.
- The General Manager is responsible for the implementation and review of the Discrimination section of this Procedure and has overall responsibility for the implementation and review of this Procedure.
09. Promulgation
This procedure will be communicated by:
- The I.T.S Safety Culture announcement.
- Live distribution on the College’s Policy and Procedure Library (website)
- Distribution of email communication to the executive team / staff and corresponding roles with Partner Providers
- An I.T.S announcement on the Learner Portal
10. Implementation
This procedure will be implemented throughout the University via:
- Staff training sessions
11. Records Management
Complaint records are held in the central complaints management system, the integrity of which is to be maintained by the Chief Executive Officer in accordance with the Record requirements.
12. Procedure Approval and Publication
This procedure has been approved for publication by the Company Director and Chief Executive Officer, Alexander Mueller
 |
SIGNATURE | DATE: 13/01/2025
13. Annexure A – Summary of Complaint Resolution Process
14. Revision History
POLICY DOCUMENTATION REGISTER
| REVISION | DATE | DOCUMENT VERSION | DESCRIPTION OF MODIFICATION OR AMENDMENT |
| 1 | October 2012 | 2012.1 |
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| 2 | December 2024 | 2024.1 |
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| 3 | January 2025 | 2025.1 |
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| 4 | February 2025 | 2025.1 |
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