Complaints and Appeals

Complaints and Appeals

COMPLAINTS AND APPEALS POLICY AND ASSOCIATED PROCEDURES

PURPOSE OF THE POLICY

This policy and associated procedures outline Invicta Technical College’s approach to managing complaints and appeals. This is to ensure that complaints are handled in a transparent way, as well as fairly, efficiently and effectively.

This policy and associated procedures meet the requirements of Standard 2.7 the Outcome Standards for RTOs, as well as Standard 10 of the National Code of Practice for Providers of Education and Training to Overseas Students 2018.

Note that mechanisms for providing feedback is addressed in our Quality Assurance Policy and Associated Procedures.

POLICY STATEMENTS

APPROACH

Complaints may be made against Invicta Technical College, its trainers and assessors and other staff, a learner of Invicta Technical College, as well as any third party providing services on behalf of Invicta Technical College including education agents.

Complaints can be in relation to any aspect of Invicta Technical College’s services provided.
Appeals can be made in respect of any decision made by Invicta Technical College. An appeal is a request for Invicta Technical College decision to be reviewed in relation to a matter, including assessment appeals.

In managing complaints, Invicta Technical College will ensure that the principles of natural justice and procedural fairness are adopted at every stage of the complaint process. This means reviewing each complaint or appeal in an objective and consistent manner.

Invicta Technical College will appoint relevant person/s to manage complaints and appeals.
The internal complaints and appeals process will be conducted at no cost to students.

Potential causes of complaints and appeals will be investigated and corrective and preventative action will be taken in relation to complaint and appeals. Complaints and appeals will also be seen as an opportunity for improvement.

All individuals, including third parties will be informed of allegations made and will have the opportunity to present their case.

Nothing in this policy and procedure limits the rights of an individual to take action under Australia’s Consumer Protection laws and it does not circumscribe an individual’s rights to pursue other legal remedies.

Invicta Technical College encourages complainants to first seek to address the issue informally by discussing it with the person involved. However, if the person is not comfortable with this or has tried this unsuccessfully, they are to follow the procedures below.

All records of complaints and appeals will be kept by Invicta Technical College and entered into the complaints and appeals register.

COMPLAINTS AND APPEALS PROCESS

Complaints and appeals are to be made as follows:

  • Submit complaint or appeal in writing using the complaints and appeals form. The complaints and appeals form outlines the information that should be provided.
  • Submit complaint within 30 calendar days of the incident or in the case of an appeal within 30 calendar days of the decision being made.

RESPONSE TO COMPLAINTS AND APPEALS

Complaints and appeals will be responded to as follows:

  • The complaint or appeal will be acknowledged in writing within 3 working days of receipt.
  • Review of the complaint or appeal will commence within 5 working days of receiving the complaints.
  • Complaints and appeals will be finalised as soon as practicable or within 30 calendar days.
  • Where the complaint or appeal is complex and is expected to take more than 60 calendar days to process, Invicta Technical College will write to inform the complainant or appellant of this including the reasons for such. Following this update, regular updates will be provided of progress.
  • The outcomes of the complaints and appeals process will be communicated in writing to the person making the complaint or appeals. This will also include the reasons for the outcome.

COMPLAINTS AND APPEALS HANDLING

Complaints and appeals will be responded to as follows:

Each individual involved in the complaint may have a support person of their choice present at any meetings to resolve the complaint or appeal.

An independent assessor will be identified to conduct a review of an assessment decision that is being appealed.

ENROLMENT DURING A COMPLAINTS PROCESS

Domestic students’ enrolment will be maintained throughout the complaints and appeals process unless the complaint is in relation to misconduct.

International students’ enrolment will also be maintained throughout the internal appeals processes without notifying DET via PRISMS of a change in enrolment status.

Additionally, for international students:

  • if the appeal is against Invicta Technical College’s decision to report the student for unsatisfactory course progress or attendance, the student’s enrolment will be maintained until the external process is completed and has supported or not supported Invicta Technical College’s decision to report.
  • if the appeal is against Invicta Technical College’s decision to defer, suspend or cancel a student’s enrolment due to misbehaviour, Invicta Technical College will notify DET via PRISMS of a change to the student’s enrolment after the outcome of the internal appeals process.

INDEPENDENT APPEAL PROCESS

Where the internal process has failed to resolve the complaint or appeal, the matter will be referred to an independent mediator.

For domestic students, all associated costs are to be met by the complainant/appellant unless it is Invicta Technical College that made the decision to appoint the independent party.

The independent party recommended by Invicta Technical College for cases involving domestic students is the Resolution Institute. However, another mediator of the student’s choice can be appointed.
For international students, the external mediator is the Overseas Students Ombudsman (OSO).

International students can access the OSO at no cost in relation to matters that cannot be resolved through internal processes. Further information and contact details are included below.

During the mediation process, Invicta Technical College will cooperate in full and commits to immediately implement the decision or recommendation made by the external mediator and/or take preventative or corrective action required by the decision or recommendation.

All actions taken will be communicated in writing to students.

INFORMATION ABOUT EXTERNAL BODIES TO WHOM COMPLAINTS CAN BE MADE

Complaints can also be made to the organisations indicated below:

NATIONAL TRAINING COMPLAINTS HOTLINE:

The National Training Complaints Hotline is a national service for consumers to register complaints concerning vocational education and training. The service refers consumers to the appropriate agency/authority/jurisdiction to assist with their complaint. Access to the Hotline is through:
Phone: 13 38 73, Monday–Friday, 8am to 6pm nationally
Email: ntch@education.gov.au

AUSTRALIAN SKILLS QUALITY AUTHORITY (ASQA):

Complainants may also complain to Invicta Technical College’s registering body, Australian Skills Quality Authority (ASQA). It is important to understand that ASQA does not act as an advocate for individual students and is not responsible for resolving disputes between students and training providers. ASQA only uses information from all complaints as intelligence to inform regulatory activities. More information can be found at: https://www.asqa.gov.au/complaints

THE OVERSEAS STUDENT OMBUDSMAN (OSO):

International students may complain to the OSO about a range of circumstances including:

  • Being refused admission to a course;
  • Course fees and refunds;
  • Being refused a course transfer;
  • Course progress or attendance;
  • Cancellation of enrolment;
  • Accommodation or work arranged by Invicta Technical College;
  • Incorrect advice given by an education agent;
  • Taking too long in certain processes such as issuing results; and/or
  • Not delivering the services indicated in the Offer Letter and Student Agreement.

More information can be found at:

https://www.ombudsman.gov.au/complaints/international-student-complaints