(1) This policy explains how the University deals with complaints from current and prospective students, staff and members of the public. (2) The University's approach to complaints aims to: (3) There are separate policies and procedures to review and investigate: (4) The complaint management process set out in this document does not normally apply to the above types of matters. The Director, Complaints Management and Resolution has discretion to accept a complaint pertaining to a breach of procedural fairness in an appeals process, if the complainant provides relevant evidence. Further, the University recognises that a complaint about student or staff behaviour may be received under this policy, but then transferred to the relevant staff or student process set out above. (5) This policy applies to complaints about incidents or matters that: (6) Complaints pertaining to the behaviour of employees of placement organisations or third party providers will be received under this policy, but will be referred to the relevant organisation for investigation under their employment procedures. The University will investigate to the extent possible, provide support to the complainant where appropriate and report back to the complainant at the conclusion of the University’s investigation. In these circumstances, the University expects the placement organisation or third party education provider to advise the Complaints Resolution Unit when the investigation has concluded, including whether the substance of the complaint was found to be true. The University does not expect to be advised of any outcome applied within the employment context, due to privacy constraints. (7) In this Policy, the following words have these meanings unless the context requires otherwise: (8) The University will accept legitimate complaints submitted under this policy. Legitimate complaints enable the University to identify and act on inconsistencies between the standards promised and/or provided and reasonable expectations. (9) The University encourages its students and staff to be independent and effective problem solvers. Therefore, attempts to resolve concerns at the local level of origin should be made before lodging a complaint. Serious complaints are an exception to this requirement. (10) All complaints must: (11) A complaint will not normally be accepted if: (12) Complaints made by a third party on behalf of another will be considered by the Director, Complaints Management and Resolution, who will determine if the complaint will be accepted for review. (13) Where a complainant submits repeated complaints about a matter that has previously been dealt with and responded to, the Director, Complaints Management and Resolution may refer the behaviour for consideration under the relevant misconduct procedure. (14) Complaints lodged after six months from the date of the relevant incident(s) or decision will be assessed by the CRU and only investigated where: (15) Anonymous complaints will be accepted, reviewed and investigated to the extent possible, but only where sufficient information has been provided. (16) The University will attempt to protect the identity of people making a complaint where it is practical and appropriate, taking into account any requirements of procedural fairness. (17) Complainants will be: (18) Complainants and respondents are expected to: (19) Respondents will: (20) Making a complaint under this policy is a serious matter with potentially serious consequences for those involved. Persons who provide information are expected to be honest and not provide information that is false or misleading. The University reserves the right to take appropriate action (including disciplinary action or reports to the NSW Police or the NSW Independent Commission Against Corruption) if this occurs. (21) There are five stages in the complaint management procedures. (22) Complaints may be submitted using the form on the CRU web site. (23) Where this is not possible, complainants may email complaints@westernsydney.edu.au or they may call (02) 9678 7900 to lodge their complaint. (24) When the complaint is received in writing by the CRU, it will be recorded and acknowledged in writing the same or next working day. (25) The complaint will be assessed by the CRU to determine whether the issues raised in it are within the University's control and/or meet the criteria set out in this policy. (26) A complaint accepted for review will be allocated to a CRU Complaints Case Manager who will commence action on the complaint within 10 working days of it being made, and finalise the outcome as soon as practicable. (27) Where it is determined the issues are not within the University's control and/or the complaint does not meet the acceptance criteria, the CRU will write to the complainant and provide reasons. (28) When a complaint is accepted by the CRU for inquiry under this policy, it will consider: (29) Following receipt and initial assessment of a complaint, the CRU will decide the most appropriate way to try and deal with the complaint. This could mean referring it to be dealt with under another process (including by an external body, such as a placement agency or third party provider of education), depending on the type of complaint and against whom it is made. For complaints involving behaviour required to be handled under the Academic Staff Agreement 2022 or Professional Staff Agreement 2022, the CRU will refer the matter to the Office of People after taking a preliminary statement. (30) Where appropriate, the CRU will inquire into some or all aspects of the complaint and may require the complainant to provide a detailed statement before referral. (31) The relevant CRU Complaints Case Manager will update the complainant at key points of the process, particularly if there are delays. (32) The CRU will work with the relevant school, business unit or staff member(s) to which the complaint relates to find out what happened. Depending on the seriousness and complexity of the complaint, this may involve CRU undertaking a detailed investigation and interviewing witnesses. (33) The role of the CRU is to make findings of fact in the course of any inquiry or investigation. It is not the role of the CRU to decide how an individual complaint is to be ultimately resolved. (34) If the University appears to be at fault, the CRU will try to resolve the matter in a way that is mutually acceptable to the University and to the complainant. (35) Any agreed resolution is to be implemented by the relevant School or business unit in a timely manner. (36) At the conclusion of the complaint/investigation process, the CRU will write to the complainant to address the substance of their complaint and advise them of: (37) If there are, or may be, adverse findings about a particular individual, the University will consider any applicable privacy obligations under the Privacy and Personal Information Protection Act 1998 and any applicable exemptions in or made pursuant to that Act, before sharing any findings about that individual with the complainant. (38) This may mean, for example, advising a complainant that their complaint was dealt with under the misconduct provisions of the relevant Staff Agreement or Student Misconduct Rule, but not advise the particular findings or outcomes of that process. (39) Written advice concerning the outcome of the complaint will normally be provided within 20 working days of receipt. (40) The CRU will keep a comprehensive record including: (41) The CRU will report on a regular basis to: (42) Reports are de-identified and may include information such as: (43) Nil.Complaint Management Policy
Section 1 - Purpose and Context
Section 2 - Definitions
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Section 3 - Policy Statement
Section 4 - Procedures
Stage 1 – Receipt and Acknowledgement
Stage 2 – Assessment
Stage 3 – Dealing with the Complaint
Stage 4 – Resolution and Outcomes
Stage 5 – Record Keeping
Reporting on Complaints
Top of PageSection 5 - Guidelines
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