Complaints & Appeals Policy

Complaints & Appeals Policy

Transport and Construction Training Institute Pty Ltd T/A FHV

Transport and Construction Training Institute Pty Ltd T/A FHV treats complaints and appeals from staff, clients, participants, and their employers with the utmost seriousness. We will deal with these in an effective and timely manner, typically aiming to resolve all complaints within three weeks.

Transport and Construction Training Institute Pty Ltd T/A FHV will act upon any substantiated complaint or appeal. These will be recorded in our RTO management system and, where appropriate, lead to continuous improvement activities. The data entry responsibility lies with the CEO.

A person or organisation can complain about any aspect of our dealings with them, and a participant can appeal any decision we make, including assessment decisions.

In the first instance that a person or organisation is unhappy or dissatisfied with an aspect of our service delivery, they should consult their contact person. In the event of an organisation, this could be the CEO; in the event the complaint or appeal is from a participant, their trainer should be the first point of contact. The aim of this first contact is to resolve the issue quickly.

If the issue is with the trainer, and the participant feels that they would prefer not to approach the trainer, then the CEO is available to discuss the issue.

Should the complaint or appeal not be resolved in the first instance, then the complainant is requested to formally lodge a complaint or appeal by completing either the complaint or appeal form. These forms are available from the Trainer or the CEO.

The appellant or complainant can take the form away to complete, but this should be returned within 48 hours so the matter can be promptly investigated.

This formal complaint or appeal will be entered into our Complaints or Appeals register for tracking purposes. This is the responsibility of the CEO. The receipt of the Complaint or Appeal will be formally acknowledged within one business day, in writing.

Should the nature of the complaint refer to criminal matters or where the welfare of people is in danger, Transport and Construction Training Institute Pty Ltd T/A FHV will, with the permission of the participant, seek assistance from other authorities such as the Police, a Legal Representative, or other parties as appropriate.

Participant confidentiality will be maintained at all times, as is consistent with NSW and Australian Law.

At all times the principles of Natural Justice will be upheld. The complainant/appellant will remain informed of the progress of their complaint or appeal through written correspondence, either by email or letter.

Transport and Construction Training Institute Pty Ltd T/A FHV will ensure that the participant’s academic progress will remain unimpeded by their complaint or appeal.

Upon receipt of the formal complaint or appeal, the CEO will be responsible for resolving the issue. This will involve at least a formal interview with the participant, the trainer (if appropriate), and the CEO. If this is unable to resolve the issue, then the issue can be escalated to a mutually agreeable independent person or panel.

Engagement of the external assistance will be the responsibility of the CEO.

The suitable independent person or panel will need to be agreed upon by both the participant and the RTO. This could include another external Trainer Assessor or independent commercial mediators such as Leadr and InterMEDIATE.

Leadr can be contacted via www.leadr.com.au, InterMEDIATE can be contacted via www.intermediate.com.au. Costs for the independent person or panel will be borne by Transport and Construction Training Institute Pty Ltd T/A FHV.

The CEO will negotiate the identification and engagement of the mutually agreed person or panel.

Irrelevant of the process undertaken to resolve the matter, the complainant or appellant will be provided with a formal written statement of the resolution of the complaint or appeal, stating the reasons for the decision.

We will keep our participants informed of the progress of their complaint or appeal, and should this process take longer than sixty (60) days, we will enquire as to the reasons why and keep the participant informed of these reasons, again through written correspondence, typically email or letter.

Participants are also able to lodge a complaint about an RTO with ASQA.
The ASQA process is detailed at:
http://asqa.gov.au/complaints/make-a-complaint—domestic-students/make-a-complaint—domestic-students1.html
ASQA
GPO Box 9928
Melbourne VIC 3001
Ph: 1300 701 801 (9:00am – 7:00pm EST)
Web: enquiries@asqa.gov.au

Please note the following extract from the above-referenced website:

ASQA takes a risk-assessment approach to complaints—our resources are limited so must focus on the most serious complaints.
ASQA’s role is not to act as a student advocate for individual students. Rather, ASQA uses the information reported through complaints to inform how it regulates training providers.
ASQA has specific confidentiality obligations in relation to registered providers. This means ASQA will not advise you of the action it takes in relation to your complaint.

A further option available to people and organisations is the National Training Complaints Hotline. This number is 13 38 73, and is staffed Monday–Friday, 8am to 6pm nationally.

False, Malicious or Defamatory Complaints

Transport and Construction Training Institute Pty Ltd T/A FHV recognises that all participants have the right to raise genuine concerns. However, where a complaint is found to be false, malicious, fabricated, or defamatory, or where unfounded claims are made publicly or to third-party authorities with the intent to damage our reputation:

  • We will formally report the matter to the relevant regulatory bodies, which may include (but is not limited to) ASQA, SafeWork NSW, Consumer Affairs, and WorkSafe.

  • We reserve the right to seek legal remedies for defamation or reputational damage caused by fabricated allegations.

  • Making baseless claims to these regulatory authorities can result in serious consequences for the complainant, including investigation of their statements, potential legal liability for defamation, and being subject to scrutiny by the same authorities for providing false information.

This clause is designed to protect our organisation, trainers, and staff from unjustified damage while maintaining participants’ right to fair, evidence-based complaints. We encourage all participants to engage constructively and honestly with our complaints process to resolve any genuine concerns.