Vocational Training Institute Nothing in this policy inhibits a student’s right to pursue other legal remedies as students are entitled to resolve any matter by exercising their rights to other legal remedies, however where a student undertakes this action any expenses incurred will be borne by the student. Complaints and Appeals Policy and Procedure. Version 5 Vocational Training Institute RTO 41111 CRICOS : 03487C COMPLAINTS AND APPEALS POLICY AND PROCEDURE IN LINE WITH ASQA’S STANDARDS FOR REGISTERED TRAINING ORGANISATIONS (RTO’S) 2015 ‐STANDARD 6 All complaints and appeals received by Vocational Training Institute (VTI) will be recorded (in VTI’s Complaints and Appeals Register), acknowledged and dealt with fairly, efficiently and effectively. This includes but is not limited to allegations involving the conduct of VTI’s Trainers/Assessors, any other VTI staff, a third party providing services on behalf of VTI or another student or students studying at VTI. This appeals policy also addresses appeals made by potential or enrolled VTI students requesting a review of decisions, including assessment decisions, made by VTI’s Trainers/Assessors, any other VTI staff in the provision of VTI’s educational services. VTI will ensure that the manner in which it conducts a review of a complaint or appeal will: • Ensure that the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process • Ensure that all complaints and requests for an appeal are acknowledged in writing and finalised as soon as practicable • Provide for a review by an appropriate party independent of VTI and the complainant or appellant, at the request of the individual making the complaint or appeal, if the processes fail to resolve the complaint or appeal to the satisfaction the complainant or appellant. Where VTI considers that more than 60 calendar days may be required to process and finalise the complaint or appeal, VTI will inform the complainant or appellant in writing, including reasons why more than 60 calendar days are required. In addition, VTI will regularly update the complainant or appellant on the progress of the matter. Throughout all stages of the complaintand appeal process, VTI will securely maintain all records relating to the complaint or appeal and their outcomes on the relevant student’s file (Note – student’s files are maintained in a secured location (locked) within VTI; and only accessed on a need to know basis). Once the outcome of the complaint or appeal has been finalised, VTI will identifythe cause/s of complaint or appeal and will take appropriate corrective action/s to eliminate or mitigate the likelihood of re‐occurrence. VTI’s Compliance Manager will initiate appropriate action to ensure that any new policies, procedures, systems, forms or processes are implemented immediately; with the implementation date recorded on VTI’s Complaints and Appeals Register. IN LINE WITH THE NATIONAL CODE OF PRACTICE FOR PROVIDERS OF EDUCATION AND TRAINING TO OVERSEAS STUDENTS 2018 STANDARD 10: COMPLAINTS AND APPEALS Vocational Training Institute’s (VTI) internal complaints handling and appeals processes will be conducted in a professional, timely, and inexpensive manner that will ensure that grievances between overseas students and registered providers can be heard and addressed. Accordingly, VTI will: • Provide overseas students with information about VTI’s policy and process for the internal complaints handling and appeals process that is comprehensive, free and easily accessible on its Website, Pre‐enrolment Information Sheets (for each Course on VTI’s Scope of Registration) and Course Brochure. • Begin assessing a complaint or appeal (i.e. conducting the assessment of the complaint or appeal in a professional, fair and transparent manner) within 10 working days of the overseas student lodging it, and finalise the outcome as soon as practicable. Page 1 of 3
Transcript
VocationalTraining Institute
Nothing in this policy inhibits a student’s right to pursue other legal remedies as students are entitled to resolve any matter by exercising their rights to other legal remedies, however where a student undertakes this action any expenses incurred will be borne by the student.
Complaints and Appeals Policy and Procedure. Version 5 Vocational Training Institute RTO 41111 CRICOS : 03487C
COMPLAINTS AND APPEALS POLICY AND PROCEDURE
IN LINE WITH ASQA’S STANDARDS FOR REGISTERED TRAINING ORGANISATIONS (RTO’S) 2015 ‐STANDARD 6
All complaints and appeals received by Vocational Training Institute (VTI) will be recorded (in VTI’s Complaints and Appeals Register), acknowledged and dealt with fairly, efficiently and effectively. This includes but is not limited to allegations involving the conduct of VTI’s Trainers/Assessors, any other VTI staff, a third party providing services on behalf of VTI or another student or students studying at VTI.
This appeals policy also addresses appeals made by potential or enrolled VTI students requesting a review of decisions, including assessment decisions, made by VTI’s Trainers/Assessors, any other VTI staff in the provision of VTI’s educational services.
VTI will ensure that the manner in which it conducts a review of a complaint or appeal will: • Ensure that the principles of natural justice and procedural fairness are adopted at every stage of the complaint and appeal process • Ensure that all complaints and requests for an appeal are acknowledged in writing and finalised as soon as practicable • Provide for a review by an appropriate party independent of VTI and the complainant or appellant, at the request of the individual making the complaint or appeal, if the processes fail to resolve the complaint or appeal to the satisfaction the complainant or appellant.
Where VTI considers that more than 60 calendar days may be required to process and finalise the complaint or appeal, VTI will inform the complainant or appellant in writing, including reasons why more than 60 calendar days are required. In addition, VTI will regularly update the complainant or appellant on the progress of the matter.
Throughout all stages of the complaintand appeal process, VTI will securely maintain all records relating to the complaint or appeal and their outcomes on the relevant student’s file (Note – student’s files are maintained in a secured location (locked) within VTI; and only accessed on a need to know basis). Once the outcome of the complaint or appeal has been finalised, VTI will identifythe cause/s of complaint or appeal and will take appropriate corrective action/s to eliminate or mitigate the likelihood of re‐occurrence.
VTI’s Compliance Manager will initiate appropriate action to ensure that any new policies, procedures, systems, forms or processes are implemented immediately; with the implementation date recorded on VTI’s Complaints and Appeals Register.
IN LINE WITH THE NATIONAL CODE OF PRACTICE FOR PROVIDERS OF EDUCATION AND TRAINING TO OVERSEASSTUDENTS 2018 STANDARD 10: COMPLAINTS AND APPEALS
Vocational Training Institute’s (VTI) internal complaints handling and appeals processes will be conducted in a professional, timely, and inexpensive manner that will ensure that grievances between overseas students and registered providers can be heard and addressed.
Accordingly, VTI will: • Provide overseas students with information about VTI’s policy and process for the internal complaints handling and appeals process that is comprehensive, free and easily accessible on its Website, Pre‐enrolment Information Sheets (for each Course on VTI’s Scope of Registration) and Course Brochure. • Begin assessing a complaint or appeal (i.e. conducting the assessment of the complaint or appeal in a professional, fair and transparent manner) within 10 working days of the overseas student lodging it, and finalise the outcome as soon as practicable.
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• Ensure that the overseas student has an opportunity to present their case at minimal or no cost, and be accompanied and assisted by a support person, if necessary • If a matter cannot be resolved informally, advise the overseas student within 10 working days of their right to access VTI’s internal appeals process and provide contact details for lodging a formal internal complaint or appeal; and give the overseas student a written statement of the outcome of the complaint or appeal, including the reason/s for the outcome, and keep a written record of complaints or appeals on the overseas student’s file • If an overseas student’s appeal relates to a decision to cancel the student’s enrolment, VTI will wait until the internal complaints process is completed before proceeding. However, VTI will not report the overseas student through Provider Registration and International Student Management System (PRISMS) for unsatisfactory course progress or attendance until the overseas student has accessed the internal and external complaints handling and appeals process, and the decision or recommendation supports VTI (see Standard 8). • After lodging a formal internal complaint or appeal and if the overseas student is still not successful in VTI’s internal complaints handling and appeals process, VTI will advise the overseas student of their right to access anexternal complaints handling and appeals process at minimal or no cost. This advice will be provided to the overseas student within 10 working days of the completion of the internal complaints handling and appeals process; and • Immediately, implement any decision or recommendation in favour of the overseas student through the internal or external appeals process.
A formal complaint or appeal can be lodged using any one of the following methods: • In person (To Vocational Training Institute’s Reception or Management Member) • By mail to: Level 3, 190 Queen Street, Melbourne VIC 3000 • By mail to: Level 2, 116 Bathurst Street, Hobart TAS 7000 • By email to: [email protected]
Once the complaint or appeal is received, VTI’s CEO will convene an independent panel to hear the complaint or appeal; called the Complaint and Appeal Committee.Note ‐ The independent panel shall not have had any previous involvement with the complaint or appeal. This panel will include: • The CEO • A member of VTI’s Teaching staff • A member of VTI’s Administration team
FORMAL COMPLAINT OR APPEAL PROCEDURE
Vocational Training Institute (VTI) will: • Provide overseas students with the contact details of the appropriate external complaints handling and appeals body; namely: the Overseas Student Ombudsman (OSO), • Make specific arrangements for independent review of complaints about issues not covered by the Australian Competition and Consumer Commission (ACCC) or the OSO. • Make it clear to overseas students that in most cases, the purpose of the external appeals process is to consider whether the registered provider has followed its policies and procedures, rather than make a decision in place of VTI. For example, if an overseas student appeals against the assessment result for a Unit of Competency and goes through VTI’s internal appeals process, the external appeals process would look at the way in which the internal appeal was conducted; it would not make a determination as to what the result should be. • Only report an overseas student for unsatisfactory course progress orattendance in PRISMS after: ‐ The internal and external complaints processes have been completed and the breach hasbeen upheld; ‐ The overseas student has chosen not to access the internal complaints and appeals processwithin the 20 working day period; ‐ The overseas student has chosen not to access the external complaints and appeals process; or ‐ The overseas student withdraws from the internal or external appeals process, by notifying VTI in writing.
When an external appeals process has been completed, VTI will immediatelyimplement the decision or recommendations and/or take the preventative or corrective action/s required by the outcomes of the external complaints handling or appeals process, and notify theoverseas student of the outcome.
THE EXTERNAL COMPLAINTS AND APPEALS PROCESSES
Complaints and Appeals Policy and Procedure. Version 5 Vocational Training Institute RTO 41111 CRICOS : 03487C
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If an overseas student is not satisfied with the outcome of either VTI’s internalappeals process or the following external appeals process, they can access multiple external appeals.However, VTI does not have to assist the overseas student with finding furtherappropriate appeals processes.
EXTERNAL COMPLAINTS AND APPEALSOverseas Student Ombudsman (For International Students) • Online: A student can make a complaint online by visiting the website of Ombudsman and completing the online complaint form at http://www.oso.gov.au. • Telephone: Students can contact OSO by telephone, 9am to 5pm Monday to Friday, Australian Eastern Standard Time (AEST). In Australia, call: 1300 362 072 (calls from mobile phones at mobile phone rates). Outside Australia, call +61 2 6276 0111 • Using an interpreter: If a student wants to make a complaint in his/her own language then they can call the Translating and Interpreting Service (TIS) in Australia on 131 450, outside Australia call +61 3 9203 4027. OSO will pay for the interpreter. • If you are deaf, hearing or sight impaired: Students can contact OSO via the National Relay Service. Teletypewriter (TTY) users phone 133 677 and then ask for 1300 362 072. Speak and Listen users phone 1300 555 727 and then ask for 1300 362 072. Internet Relay users connect to the National Relay Service www.iprelay.com.au and then ask for 1300 362 072 • Fax: Students can send a fax to OSO (Within Australia: 02 6276 0123. Outside Australia: +61 2 6276 0123) • Mail: Students can write a letter and post it to: Overseas Students Ombudsman GPO Box 442 Canberra ACT 2601 AUSTRALIA
CONTACTING A SOLICITORStudents wishing to take this course of action will be reminded, that any expenses incurred through this process will need to be borne by the student: • Contact their own Solicitor; or • Contact the Law Institute of Victoria for a referral to a solicitor (470 Bourke St Melbourne, Ph: 9602 5000, www.liv.asn.au); or • Contact one of the following legal aid providers: www.legalaid.vic.gov.au or www.wsls.org.au • Contact Legal Aid Hobart • Street Address: 158 Liverpool Street, Hobart TAS 7000. • Postal Address: GPO Box 1422 Hobart 7001 DX Address: DX 123 Phone: (03) 6236 3800 • Fax: (03) 6236 3811 https://www.legalaid.tas.gov.au/contact/
FURTHER COMPLAINTS AND APPEALS
Complaints and Appeals Policy and Procedure. Version 5 Vocational Training Institute RTO 41111 CRICOS : 03487C
