Complaints and Appeals Policy                                     

1. Policy

The complaints and appeals process outlined in this document is followed for all existing, previous and prospective participants participating in any course delivered by Bamara Training (BT), or by a 3rd party provider on behalf of BT.

2. Procedure

Despite all efforts of BT to provide satisfactory services to its participants, complaints may occasionally arise that require formal resolution. The following procedure provide participants the opportunity to have any issues relating to a substantiated complaint, or appeal regarding academic or non-academic matters, to be resolved and resolutions reached that attempt to satisfy all parties involved according to the process of natural justice and procedural fairness. There is no cost for the complaints process unless it is escalated to an external appeals channel.

Complaints Process

Any existing, previous and prospective participant or third party may submit a formal complaint to BT with the reasonable expectation that all complaints will be treated with integrity and privacy. There are two ways to resolve complaints.

  • Informal process
  • Formal process

Informal

Where possible all informal 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. However, once a participant has placed a formal complaint / appeal – formal procedures must be followed.

Formal

Step 1: A participant who wishes to submit a formal complaint can do so by completing the ‘Complaints Form’ and state their case. This form can be accessed by contacting BT or on our website at www.bamaratraining.edu.au  (under Complaints and Appeals Policy); or by asking a staff member to download from our intranet system.

  • Complaints are to include the following information:
  • Submission date of complaint
  • Name of complainant
  • Nature of complaint
  • Date of the event which led to the complaint
  • Attachments (if applicable)
  • The form can be submitted by:
  • Email to feedback@bamara.com.au
  • Submitting in person to reception at any of our branch offices listed in the participant handbook
  • Post to Taree Office

Note: All correspondence should be addressed to: Attn: Bamara – Complaints Department

Step 2: All formally submitted complaints or appeals are received by our centralised complaints handling division, and then forwarded to the Manager of the respective program within 24hours. They will deal with the complaint in the first instance. Any complaint(s) they are not authorised to resolve will be directed to the General Manager for follow-up and resolution.

Step 3: The complainant will be contacted within 3 working days by the Manager or someone designated by the Manager. If required, complainant may be requested to provide more information. He/ She will be informed of any decisions or outcomes concluded, or processes in place to deal with the complaint.

Step 4: When a decision has been reached the Complainant will be informed of the decision or outcome that is concluded in writing and shall also be notified that they have the right of appeal. To appeal a decision BT must receive ground of the appeal in writing. Please refer to the appeals procedure below for further detail.

Step 5: The Manager will ensure that BT will act immediately on any substantiated complaint. If the internal or any external complaint handling or appeal process results in a decision that supports the participant, BT must immediately implement any decision and/or corrective and preventative action that are required and advise the participant of the outcome. If any BT Policy needs to be changed, necessary review will be taken immediately.

Appeals Process

All participants have the right to appeal decisions made by BT where reasonable grounds can be established.

  • To activate the appeals process the participant is to complete an ‘Appeals Form’ and clearly state the reason why participant feels the decision is unfair. The complainant needs to complete this form.
  • This form can be accessed on our website at www.bamaratraining.edu.au (under Complaints & Appeals Policy); or by asking a staff member to download from our intranet system; or requesting on feedback@bamara.com.au . The process for all formally lodged appeals will begin within 10 working days of the receipt of Appeal form.
  • The Manager may organise a meeting with all parties involved in the matter and attempt to seek resolution where appropriate. The participant will have the right to appoint an independent nominee to attend all discussions.
  • In the event that a complaint or appeal (including any review process) takes more than 60 days to finalise, complainants will receive written correspondence explaining the delay.

The areas in which a participant may appeal a decision made by BT may include:

Appealing a decision

Assessment/s outcome

  • Notify your Assessor in the first instance and try to resolve the issue or get it re-assessed in an informal manner. The Assessor may decide to re-assess the participant to ensure a fair and equitable decision is gained. The assessor will complete a written report regarding the re-assessment outlining the reasons to the Manager. The appeal will be entered into the ‘CA&I Reporting Register’.
  • Lodge an appeal by completing the Appeals form outlining the reasons for the appeal, if still unsatisfied with the decision.
  • The Manager may indicate the assessment decision stands or request for a possible re-assessment by a ‘third party’. The third party shall be another assessor appointed by BT.
  • The participant shall be notified in writing of the outcome with reasons for the decision. If not satisfied, participant shall be provided the option of seeking the external appeals channel. Notify BT if participant wishes to proceed with the external appeals channel.

Decision that is made after a complaint has been dealt with by BT in the first instance

  • If not satisfied with the resolution, lodge an appeal and notify BT in writing within 20 working days commencing three days after the date of the written communication of decision or outcome of the complaint. Clearly outline grounds of the appeal on the Appeal form and attach any supporting documentation.
  • The participant shall be notified in writing of the outcome with reasons for the decision. If not satisfied, participant shall be provided the option of seeking the external appeals channel. Notify BT if participant wishes to proceed with the external appeals channel.

BT initiated deferral, suspension, or cancellation decisions

  • If not satisfied with the resolution, lodge an appeal and notify BT in writing within 20 working days commencing three days after the date of the written communication of decision or outcome of the complaint. Clearly outline grounds of the appeal on the Appeal form and attach any supporting documentation.
  • The participant shall be notified in writing of the outcome with reasons for the decision. If not satisfied, the participant shall be provided the option of seeking the external appeals channel. Notify BT if participant wishes to proceed with the external appeals channel.

External independent/Third party Mediator

If a participant disagrees with the outcome of the appeal, they can request mediation through external independent/third party mediator listed below:

  • National Training Complaints Hotline: 133873
  • Australian Skills Quality Authority (ASQA): GPO Box 9928, Melbourne, VIC, 3001

Ph: 1300 701 801
Email: enquiries@asqa.gov.au
Website: www.asqa.gov.au

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

Review

This policy is due for review two years from its date of last review or earlier if required by legislative or regulatory changes.

Copyright notice

This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of Bamara Training.

Ownership

Bamara Training is nominated as the Owner of this Policy.

This Policy and Procedure document is designed to assist employees of Bamara Training in performing their duties and responsibilities, and otherwise to set out general information in relation to certain subjects.

Disclaimer

To the extent that this Policy and Procedure document requires an employee of Bamara Training to do, or refrain from doing something, it constitutes a direction from Bamara Training to the employee, with which the employee must comply. Non-compliance may lead to disciplinary action up to and including termination of employment.

Bamara Training may alter or withdraw this Policy from time to time or choose not to apply any part or all of this procedure in a particular instance at its absolute discretion, unless expressly stated otherwise in this document, or in an underlying template document contained on or linked through this page. Because this Policy and procedure document and any underlying policies and procedures may be changed by Bamara Training from time to time, this site should always be accessed to ensure that the Policy and procedure being accessed is the current version.  Employees should not rely on printed documents without checking the current status of this Policy and Procedure via SharePoint.