Discussion of Standard 8 – Complaints and appeals

Introduction
What's new
Obligations and responsibilities
Implications for different sectors
Documents, knowledge and procedures
 Definitions
Learning Activity
National Code 2007

Introduction

DEST (now DEEWR) Commentary

The National Code recognises that both internal and external complaint and appeals processes play a role in ensuring that grievances are appropriately heard and addressed for both the student and the registered provider. These processes will enable students to firstly seek recourse using the registered provider’s internal processes, and then, if needed, through an independent, external person or body. The complaints and appeals requirements stipulated in Standard 8 may be satisfied by the processes established by the registered provider to satisfy other regulatory requirements. As the student’s stay in Australia is subject to the period of his or her student visa, the timeliness of decision making is a consideration in the development of appropriate complaints and appeals policies, procedures and practices.

Generic standard applicable to all sectors

What's new

Obligations and responsibilities

  • Institutions must provide clear and accurate documentation about a formal complaints and appeals policy and processes and that is communicated effectively to international students.
  • There must be minimal or no cost to the student for both the internal and external process.
  • A support person can attend and assist each party at any relevant meetings.
  • A written statement must be provided to the student of the outcome, and related reasons, of their complaint or appeal.
  • The process must start within 10 working days of the formal lodgement of the complaint or appeal. Every effort must be made to finalise the process as soon as practicable.
  • The institution must have arrangments in place for either:
    • an independent person or panel to hear the complaint or appeal that arises from the provider's internal complaints and appeals process, or
    • refering students to an existing body that is appropriate for that complaint or appeal.
  • A provider must advise the student of their right to access the external appeals process.
  • A student's enrolment must be maintained while they are accessing the provider's complaints and appeals processes.
  • If a decision is in the student's favour, the institution must carry out any decision, corrective or preventative action immediately.

Implications for different sectors

  • A 10 day timeframe may be an issue for some sectors/institutions who have little staff availability. One potential solution is arranging to have outside contractors available, or previously organized representatives on call from other sectors/areas.

List of documents and specific knowledge of institutional and government matters and procedures required for this standard

  • Documents:
    • each formal complaint must be recorded and held in writing
    • a written statement of the outcome and reasons for the decision which must be given to the complainant.
  • Knowledge:
  • Procedures:
    • a complaints handling and appeals process that starts within 10 working days of lodgement and that:
      • enables each complainant to formally present their case
      • guarantees students’ access to an external appeals process.

Definitions of key words/phrases

  • Complainant
    - Person who makes a complaint

Learning Activity

National Code 2007

Outcome of Standard 8

Registered providers’ complaints and appeals processes are independent, easily and
immediately accessible and inexpensive for the parties involved.

8.1

The registered provider must have an appropriate internal complaints handling and appeals process that satisfies the following requirements, or can use its existing internal complaints and appeals processes as long as it meets these requirements:

  1. a process is in place for lodging a formal complaint or appeal if the matter cannot be resolved informally, which requires a written record of the complaint or appeal to be kept
  2. each complainant or appellant has an opportunity to formally present his or her case at minimal or no cost to him or herself
  3. each party may be accompanied and assisted by a support person at any relevant meetings
  4. the complainant or appellant is given a written statement of the outcome, including details of the reasons for the outcome, and
  5. the process commences within 10 working days of the formal lodgement of the complaint or appeal and supporting information and all reasonable measures are taken to finalise the process as soon as practicable.
8.2

The registered provider must have arrangements in place for a person or body independent of and external to the registered provider to hear complaints or appeals arising from the registered provider’s internal complaints and appeals process or refer students to an existing body where that body is appropriate for the complaint or appeal.
8.3 If the student is not satisfied with the result or conduct of the internal complaint handling and appeals process, the registered provider must advise the student of his or her right to access the external appeals process at minimal or no cost.
8.4 If the student chooses to access the registered provider’s complaints and appeals processes as per this standard, the registered provider must maintain the student’s enrolment while the complaints and appeals process is ongoing.
8.5 If the internal or any external complaint handling or appeal process results in a decision that supports the student, the registered provider must immediately implement any decision and/or corrective and preventative action required and advise the student of the outcome.

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