To view or download this policy as a PDF click Community and General Policies Documents

Purpose

• Use customer complaints to monitor and improve service to the community.
• Resolve external complaints lodged with the Council in a timely manner.
• All complaints are dealt with effectively, fairly and confidentially.

Scope

This policy applies only to complaints from residents and other external parties.

Definition and Terms

Customer: A person who directly accesses Central Desert Regional Council goods, services or advice.

Customer Complaint: A complaint, made either verbally or in writing, where the customer feels the Council has breached its customer service commitment, and/or failed to meet a commitment made to them and would like the matter investigated. The party directly affected by the complaint only can lodge a complaint.

Legislation and Reference

This document should be read in conjunction with the following documents:

Policy Statement

Complaints should be resolved in a timely and cost effective manner and, where possible, without recourse to the courts.

Complainants have the following rights:

• Any member of the public has the right to lodge a complaint. Members of the public have the right to lodge a complaint if they are unsatisfied with service.
• Complaints lodged with Council will be assessed (and determined to be valid or not valid) and evidence in a complaint case must be tested and evaluated for relevance, reliability and sufficiency.
• Complaints will be investigated in a timely manner and in line with the timelines noted in this policy.
• Confidentiality will be respected.
• Procedural fairness will apply where a staff member is the subject of the complaint they will have the right to see the complaint and a right of reply.
• Complainants will not be subjected to any form of prejudice or harassment in reprisal of their complaint.
• No person may decide a case in which he or she has a direct interest.

Principles for Managing Complaints

Step 1 will be to determine whether the complaint is valid. The CEO, except where the complaint is about the CEO (individually or personally), shall make the determination. The President will determine whether a complaint in relation to the CEO is valid. A report will go to the next Council meeting for endorsement of the CEO or President’s determination. The President may seek support and input from the HR Manager.

Step 2 will be to acknowledge the complaint in writing and advise either that the complaint is not valid (and may include why) and will not be investigated further; or that the complaint will be investigated and an approximate timeframe for resolution provided.

Step 3 will be to investigate the complaint.

Step 4 will be to document the outcome of the investigation and advise the complainant and Council. Where the complaint is in relation to the CEO personally then the review of the investigation and decision as to the outcome will be undertaken by the Council.

Valid Complaints

Invalid complaints will not be investigated. A complaint is not valid where that complaint:

• Is considered frivolous, vexatious or not made in good faith or concerns a trivial matter.
• Involves a matter where an adequate remedy or right of appeal already exists, whether or not the complainant uses the remedy or right of appeal.
• Where a matter is subject to an existing mediation process.
• Relates to a decision made by a meeting of Council.
• Relates to conduct before a court, coroner or tribunal.
• Relates to matters under investigation by the NT ICAC, Ombudsman’s office, State or Federal Government Department or the Northern Territory Police.
• Relates to the appointment or dismissal of any employee or an industrial or disciplinary issue.
• Relates to a decision, recommendation, act or omission that is more than one year old.
• Relates to a matter awaiting determination by the Council.
• Relates to actions or conduct of private individuals.
• Involves a matter where the complainant declines or refuses to provide further information and/or there are threats made against the Council.
• Where the matter has been reviewed, the complainant informed of the Council’s decision and no new information is provided.
• Complaints made against a staff member must be lodged within 28 days of the alleged incident taking place.

Should the CEO or President determine that a complaint will not be investigated; the complainant will be advised of the reason for that decision.

Privacy, Confidentiality and Information Collection

The identity of complainants will be made known only to those who need to know in the process of investigating and resolving the complaint. The complaint will not be revealed or made public by the Council, except where required by law.

All complaints lodged with Council are subject to the NT Information Act and confidentiality guaranteed will be as per that Act.

Personal information will be managed as per the NT Information Act and Council's Privacy Policy.

Timelines for Complaints

Complaints will be responded to as quickly as possible depending on an assessment of the following factors:

• The urgency of the situation in terms of loss or damage likely to be suffered if the complaint is not quickly resolved;
• The likelihood that the complaint can be quickly resolved;
• The complexity of the complaint issues; and
• Whether the complaint requires internal or external review.

The person making a complaint will receive a written response as soon as possible and no later than 10 working days to advise at a minimum whether the complaint has been found valid and the approximate timeframe of investigation and a further response.

How to make a complaint

As per the NT Ombudsman Act, a complaint about an administrative action of Council must be made within one year after the date the complainant first had notice of the administrative action.

Complaints must be made:

• In writing by letter to:
  • Chief Executive Officer
  • Central Desert Regional Council
  • PO Box 2257
  • Alice Springs, NT 0870
• By email to: This email address is being protected from spambots. You need JavaScript enabled to view it.;
• Website: www.centraldesert.nt.gov.au

Where the complaint is in relation to the CEO then it should be addressed to the President.

Residents who require assistance to submit a complaint will be given help. Council reserves the right to decline to investigate an oral complaint until the complaint is put in writing and signed by the individual making the complaint.

Complaints should be from individual parties, or on behalf of a recognised group or organisation. They should deal with a specific instance, incident or issue and provide factual evidence of the complaint. While Council welcomes feedback that includes a resident’s opinion about service provision, no complaint will be considered valid unless evidence is provided.

Lodging an anonymous complaint

Council acknowledges that in certain circumstances a person may prefer to remain anonymous when providing feedback. This may limit Council's ability to obtain essential information and to provide natural justice. Nevertheless, Council respects the right to anonymity and will consider all feedback based on the information provided.

Providing feedback on behalf of another person

For the purposes of this policy a formal complaint can only be made by a person who is apparently directly affected by an action of Council.

If an affected person is unable to provide feedback personally, due to poor health, distance, language, legal or other reasons, the complaint may be lodged by another person or agent on their behalf if accompanied by documentation that authorized the other person to act on the complainant’s behalf in the matter raised.

Unreasonable customer conduct

It is normal for situational stress to be experienced by parties to a complaint. These natural fears and frustrations can easily become focussed on the other person, rather than the issues. Nevertheless, every participant in a complaint is responsible for conducting themselves in a reasonable and respectful manner.

If complainants conduct themselves in an unreasonable manner, Council may set limits or conditions on the handling of their complaint. Where such a decision is made the reasons for this will be recorded and explained to the affected person.

Communication of this Policy

The policy will be published on Council's website with options for customers to provide feedback.

Reporting the outcome of a complaint investigation to customers

The Chief Executive Officer or President will provide written advice to the complainant (or their authorised agent) regarding Council's decisions about a complaint, including reasons for the decision and any proposed remedies as soon as practicable after the completion of the investigation.

Crime and official misconduct complaints

If a complaint involves allegations of criminal behaviour or official misconduct, the complaint will be immediately referred to the NT Independent Commissioner Against Corruption Act and/or police by the Chief Executive Officer or delegate. Where appropriate, Council will also investigate the allegation internally using the rules of procedural fairness.

Complaints about Councillors

Complaints against Councillors should be made in accordance with the Complaints Against Elected Members Policy.

Other avenues for resolving complaint

If the complainant is not happy with how Council resolved their complaint, they may refer the matter to the appropriate body, either for example the Fair Work Commission or to the Ombudsman Northern Territory.

Review History