Policy: Complaints Management

Policy Purpose

To ensure that Territory Families handle complaints fairly, efficiently and effectively. Territory Families complaint management system is intended to:

enable Territory Families to respond to issues raised by people making complaints in a timely and cost-effective way;
boost public confidence in Territory Families’ administrative process; and
provide information that can be used by Territory Families to deliver quality improvements in our services, systems and complaint handling.

This policy provides guidance to Territory Families staff and people who wish to make a complaint on the key principles and concepts of Territory Families’ complaint management system.

Policy Statement

Scope

This policy applies to all Territory Families staff receiving or managing complaints from the public made to or about Territory Families regarding service delivery, procurement activities, staff and complaint handling.

Staff grievances and code of conduct complaints are dealt with through separate mechanisms.

Definitions

A complaint, is an expression of dissatisfaction made to or about Territory Families, related to its service delivery, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.

Feedback represents opinions, comments and expressions of interest or concern, made directly or indirectly,explicitly or implicitly to or about Territory Families, its service delivery, staff or the handling of a complaint comment.

A compliment is an expression of gratitude or any other positive remark.

Service requests are requests to Territory Families for the provision of services and assistance, requests for explanation of policies, procedures and decisions or routine inquiries about Territory Families’ business.

Principles for Complaint Management

Everybody has a right to complain. We are committed to seeking and receiving feedback and complaints about our services, systems, practices, procedures and complaint handling.Any concerns raised in feedback or complaints will be dealt with within a reasonable time frame.

People making complaints will be:

provided with information about our complaint handling process;
provided with multiple and accessible ways to make complaints;
listened to, treated with respect by staff and actively involved in the complaint resolution process where possible and appropriate; and
provided with reasons for our decision/s and any options for redress or review.

Territory Families will take all reasonable steps to ensure that complainants are not adversely affected because of a complaint made by them or on their behalf.

Objectivity and fairness

Territory Families will address each complaint with integrity and in an equitable, objective and unbiased manner. The person handling the complaint will be different from any staff member whose service or conduct is being complained about. Conflicts of interest, whether actual or perceived, will be managed responsibly. In particular, internal reviews of how a complaint was managed will be conducted by a person other than the original decision maker.

Confidentiality

Territory Families will protect the identity of people making complaints where this is practical and appropriate and in accordance with the law. Personal information that identifies individuals will only be disclosed or used by Territory Families as permitted under the relevant privacy laws, secrecy provisions and any relevant confidentiality obligations.

How to provide feedback to Territory Families

Feedback, complaints or compliments can be provided online, in person at Territory Families offices, in writing or by telephone or email.

Territory Families Practice Complaints and Investigations Unit can be contacted by phone on 1800 750 167 (toll free complaints hotline) or by email .

What people can provide feedback, compliments or complaints about

Territory Families accept complaints, feedback or compliments regarding the Agency’s service delivery and organisational policies, procedures and practices.

In certain circumstances Territory Families may decline to accept a complaint. For example when a complaint issue is already being investigated by another organisation (i.e. the Office of the Children’s Commissioner).

Territory Families will also decline complaints relating to matters that are before the Court or decisions made by the Court (i.e. the granting of a Protection Order) as these matters need to be addressed through the court process.

When a complaint repeats previous complaints without any additional grounds and without fresh allegations or evidence and where the substance of a previous complaint has been dealt with, the complainant is to be advised that the matter had been previously determined and the further complaint will not be responded to.

The Practice Complaints and Investigations Unit will dismiss complaints that are considered: vexatious, malicious or frivolous. These complaints will have elements of deliberate attempts to disrupt or frustrate, are characterised by malice or harm, have no serious purpose or value, may be abusive or threatening or make unwarranted accusations or unreasonable demands.

The Practice Complaints and Investigations Unit will consider the following indicators, amongst other things, to assess the merits of each complaint and determine what action if any will be taken by Territory Families:

the complainant has a history of making false or unsubstantiated complaints;
there is no information or documentation to support the allegation in any way;
the allegation is not serious or sensible, and is of such a nature that a reasonable person could not treat it as being genuine;
the allegation is without any foundation and appears to be designed to harass, annoy or embarrass staff or Territory Families; and
the allegation is inherently improbable and there is no information to support the allegation.

Managing unreasonable conduct by people making complaints

Territory Families are committed to being accessible and responsive to all people who approach the Agency with feedback, compliments or complaints. At the same time, Territory Families’ success depends on:

our ability to do our work and perform our functions in the most effective and efficient way possible;
the health, safety and security of our staff, and
our ability to allocate our resources fairly across all the complaints we receive.

When people behave unreasonably in their dealings with Territory Families, their conduct can significantly affect the progress and efficiency of our work. As a result, we will take proactive and decisive action to manage any conduct that negatively and unreasonably affects Territory Families.

Examples of conduct that could, either in isolation or taken together, constitute unreasonable complainant conduct include the following:

unreasonable persistence, for example, making excessive numbers/volumes of telephone calls, emails, letters, and supplying excessive volumes of paperwork, in support of their complaint (when requested not to); or refusing to accept the decision of the complaint officer based solely on the fact it was not in the complainant’s favour and engaging the complaint officer in an ongoing dialogue in an attempt to have the decision changed, after being requested not to do so;
unreasonable demands, for example, demanding more reviews than provided for in the review policy of Territory Families, demanding a different outcome without demonstrating that the original decision was wrong, making unreasonable demands generally (e.g. that the matter be given priority, that there be a new investigation or that the outcome be changed, or about how the complaint was handled);
unreasonable lack of cooperation, for example, failing or refusing to identify the issue of complaint (where the complainant is capable of identifying the issue) or providing disorganized information (where the complainant is capable of organizing the information);
unreasonable arguments, for example, expressing irrational claims/beliefs/conspiracy theories, making vexatious complaints, or illogically or unrealistically denying any responsibility for actions or inaction; or
unreasonable behaviour (i.e. making threats of harm to self or Territory Families staff, making baseless attacks on the intentions, motivations, ethics or conduct of Territory Families staff, using abusive language that goes beyond what a reasonable person would accept, expressing unreasonable anger, aggression or violence).

Legislative Authority

Care and Protection of Children Act;

Adoption of Children Act;

Youth Justice Act;

Children’s Commissioner Act;

Information Act;

Public Sector Employment and Management Act;

Procurement Act and Regulations; and

Financial Management Act.

Standards

Territory Families Standards of Professional Practice that relate to complaint management are:

2.10Territory Families ensures that all clients, including children, understand their rights and are encouraged to raise concerns about the services they receive.

2.11Territory Families responds to client complaints in a timely and professional way that does not prejudice future or current services.

Authorised by:

Executive Leadership Group / 27/06/2018 / Active from: / 28/06/2018 /
Version 2.0 / To ensure that Territory Families handle complaints fairly, efficiently and effectively
Review due: / June 19 / Maintenance: /

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