Purpose

BIA’s Complaints & Appeals Policy is designed to support provision of a positive learning experience for every learner, and to ensure all learners are provided equity of access to learning, and a learning journey that is safe and supported with adequate protection measures. The Policy ensures that, where there are grounds for complaint or appeal, the relevant internal processes are readily accessible, transparent, straightforward, and designed to produce fair and commensurate outcomes through a process free from discrimination, intimidation, fear of repudiation, or other barriers to expression of relevant information.

BIA Complaints & Appeals Policy is a core element of BIA's overall Continuous Improvement Framework. The Complaints and Appeals processes provide data that informs targeted Improvement Actions. As such, all related case summaries, specified documents / materials / records of decisions and outcomes are safely stored on BIA's secure servers until the relevant Improvement Action has been completed.

Complaints & Appeals Processes

    • BIA complaints handling policy is set out to manage and respond to allegations involving the conduct of:
      • BIA as an RTO
      • BIA staff
      • third parties who may be engaged at some point in time to provide services on BIA’s behalf, its trainers, assessors, agencies or other staff; or
      • Prospective and enrolled learner(s)
    • BIA's Complaints & Appeals Policy and processes ensure:
      • the principles of natural justice and procedural fairness are upheld at every stage of the complaint resolution process
      • allegations are communicated in a professional and respectful manner
      • provision of safe opportunities for each party to present their claim / version of events
      • fair, unbiased, and rational decision-making
      • awareness of complaints and appeals processes is promoted, and the relevant information is publicly available
      • procedures for making a complaint are explained clearly, and avoid use of complex terminology / language
      • complaints are acknowledged in writing and are finalised as soon as reasonably practicable
      • provision of mechanisms for review by an appropriate independent party, if internal processes fail to resolve the complaint
    • Where BIA considers more than 20 business days are required to process the complaint case to resolution, BIA:
      • informs the parties in writing, providing reasons for the extended timeframe
      • regularly updates the parties on the progress of the matter
    • BIA:
      • securely maintains records of all complaints and their outcomes; and
      • uses information from each case to inform application of Continuous Improvement Actions

Accessing Complaints & Appeals Policy & processes

BIA informs all learners of the Complaints & Appeals Policy and processes and provides access to them at multiple points throughout the learning journey, both before and after enrolment. This policy is available on the BIA website 24 hours a day, 7 days a week and a link to it is provided in the Learner Handbook. Learners should engage with staff regarding any issues as early as possible to prevent minor concerns developing into serious matters.

BIA ensures learners can access Complaints & Appeals processes without being disadvantaged or facing unnecessary deterrents. Specifically, BIA

    • Follows the principles of natural justice at all times, including ensuring the right of reply of all parties.
    • Does not require learners to complete overly complex forms, which can be a barrier to learners expressing their concerns.
    • Does not require learners to provide extensive written information as part of the complaints process.
    • Allows learners to have a support person (not legal) to be with them at all stages of the complaints process, except where inappropriate or where their presence would disadvantage the other participant of the process (e.g. when the other individual is exercising their right of reply and the matter is of a personal nature).
    • Ensures learners know the estimated timeframe for reaching resolution of the matter (where it requires more than 20 business days, learners are informed in writing).
    • Informs learners of their right to appeal a decision and provides contact information of external mediation/ resolution organisations and other external support resources that may be accessed if the learner is dissatisfied with internal processes/outcomes. All learners are required to follow internal processes in the first instance before seeking external intervention / mediation / assistance.
    • Maintains student enrolment during the complaints handling process; this may include suspension but not cancelation of enrolment (at the discretion of RTO Manager / CEO)
    • Where the matter involves workplace delivery, the employer is positively engaged as a stakeholder in the complaints handling process

Procedural Fairness

During all stages of the complaints process, BIA will take all steps to ensure:

    • Transparency of process: providing reasoning / criteria for decisions and maintaining a goal of mutual satisfaction / agreement
    • All parties involved are provided the opportunity to have their opinion heard and their right of reply respected
    • Learners can access internal complaints processes at no cost
    • The handling, access, storage and use of records / personal information documentation relating to complaints complies with requirements of the Australian Privacy Principles and Australian Privacy laws, with all learners’ information protected and confidential
    • Information regarding external support organisations / resources is made available
    • Any complainant’s enrolment will be maintained during the complaint process where it is reasonable to do so unless the presence of the student/complainant causes risk to the safety of themselves, staff, and/or other students. In such cases, the CEO may suspend enrolment until the matter is resolved or the risk to safety has been mitigated to acceptable levels
    • All matters are handled impartially, with mechanisms for appeal of decisions available to all parties
    • Learners may have a support person (not legal) accompany them where the complaint resolution efforts require them to have direct contact with managers/other employees, or to communicate verbally / in person / via streaming platforms

Role Responsibilities for Complaints & Appeals

The following staff are responsible for handling student complaints:

Area of Concern Staff Appeal of Decision
(If Required)		 Final Decision
Training and assessment RTO Manager RTO Manager CEO
Finance matters Student Support Officer Finance Manager CEO
Marketing services Business
Development Manager / Office Manager		 Business
Development Manager / Office Manager		 CEO
Administration services Office Manager Office Manager CEO
Student service provisions Student Support Officer RTO Manager CEO

Complaints and Appeals Procedure

Early resolution

    • The complainant is advised to speak directly with the person or persons responsible to solve a complaint first to see if it can be resolved through consultation
    • Although a formal complaints form is not required at this stage, the BIA staff member is obligated to complete the Complaints Form and record it in the Complaints Register as a risk management measure
    • Where a student is involved, the Complaints Form must also be retained on their student file

Making a complaint

    • BIA may receive and must manage processes for complaints made by any stakeholder, internal or external
    • In cases where early resolution has not resulted in a positive outcome, the complainant may appeal the decision using the Complaints Form which may be filled in by the complainant directly or by the relevant Brighten Institute Australia (BIA) staff member that facilitates the complaints process
    • The Complaints Form:
      • includes the details of the complainant
      • includes the details of the complaint
      • includes provision for strategies to ensure that where it involves a student it results in agreed action to ensure a positive student experience
      • where it is a complaint about a student, the strategies includes any details regarding agreed actions that the student is required to undertake as part of their training program
      • other stakeholders will be recorded and actions agreed upon as required

Complaint Handling Process

    • Brighten Institute Australia (BIA) receives a completed Complaints Form or the complainant may make an appointment with the relevant BIA staff member to verbally provide information and the relevant staff member will complete the form
    • The complainant will be provided with acknowledgement that the complaint has been received and/or appointment made to commence the process within 24 hours or at the complainants earliest possible convenience
    • A written record, predominantly using the Complaints Form, will be retained as evidence to utilise as an agreement for rectification and institutional improvement where possible
    • Where the complaint involves another person, BIA will inform the other person about the complaint and provide them with an opportunity to respond to the issues raised as part of the process to establish a mutually satisfactory outcome for both parties.
    • Where the complaint involves a BIA service, including (but not limited to): pre-enrolment information; marketing; training and assessment, or other services, ASQA’s 'Student Centered Audit Approach’ and ‘Addressing Non Compliances’ publications will be referred to and used to guide adoption and application of positive corrective actions, to support production of a positive, mutually satisfactory, and fair outcome
    • Provided that the matter is resolved mutually, and any recommended rectifications are made, the details will be maintained on the student file and complaints register
    • In the event that the complaint involves any perceived or alleged criminal conduct, Brighten Institute Australia (BIA)’s CEO will refer the matter directly to the relevant authority

Appeals Process

    • If the complaint is dealt with by the relevant Brighten Institute Australia (BIA) staff member (as per Relevant Staff to Handle Complaints Table) and the complainant is dissatisfied with the outcome, they may access Brighten Institute Australia (BIA) Internal Appeals Process
    • The complainant may then refer the matter to the relevant staff member in the column ‘Appeal of Decision if Required’ as per nature of complaint
    • The relevant staff member will objectively assess the information that was retained in the original complaint and listen to the reason the complainant is dissatisfied
    • If the relevant staff member agrees that the complainant has reasonable grounds for appeal and review of the original decision, the original decision may be reviewed and a new outcome mutually agreed between the complainant, original relevant staff and relevant appeal staff
    • If the relevant staff member does not agree with the complainant but has reviewed the decision and supports the original decision, the complainant is advised that the matter may be escalated to the CEO who makes the final decision on any internal complaints and appeals matters.
    • The CEO will review both the details provided by the complainant and procedural fairness to ensure that the complainant was afforded fair and due process
    • In the event that the CEO decides that the complainant has reasonable grounds, the original decision and first step appeal will be reviewed, and the final outcome will be agreed upon, actioned and documented
    • In the event that the CEO finds that the original decision was reasonable, and that the complainant had been afforded fair and due process, the original decision will be supported.
    • Where the internal appeals process has supported the original decision, the CEO will explain the external appeals process that the complainant may access.
    • Brighten Institute Australia (BIA) will not charge the complainant for any information regarding accessing the external appeals process however to use an external appeals process, there may be charges which will be accountable to the person/s accessing it.

External Review Organisations

The complainant may go to an external review organisation who will consult with the student and Brighten Institute Australia (BIA) to resolve the complaint.  The student will bear any costs associated with external review as per external reviewer charges, only if they are applied. The student may ask another person to accompany them to interviews with the external reviewer.

Brighten Institute Australia (BIA) agrees to be bound by the independent reviewer’s recommendations. The CEO or delegate will ensure that any recommendations made are implemented immediately upon receipt of the report.

If a complaint still remains unresolved after the internal dispute resolution process, the complainant may decide to refer the matter to an external agency such as The NSW Anti-Discrimination Board or The NSW Office of Fair Trading (Sydney Centre)

External agency options available to students include:

    • ASQA (link)
    • Department of Fair Trading (link)
    • NSW Ombudsman (link)
    • Administrative Appeals Tribunal (link)

ASQA can directly deal with complaints about:

    • the information provided by an RTO about its course/s
    • the delivery and assessment of training received
    • the qualifications issued or to be issued

Recording Complaints

Brighten Institute Australia (BIA) maintains complaints information in the students file, employers file and Complaints Register

Brighten Institute Australia (BIA) process for recording complaints is as follows:

    • Appointed staff give the complaints documentation to the Administration Officer
    • Administration Officer
    • updates the student’s client journal on Wisenet to identify a complaint has been made
    • updates the Complaints Register
    • files one hard copy of the complaint in the Complaints file and one copy in the student file

The Complaints Register is kept up to date at all times to accurately reflect how complaints were dealt with and the duration from the date the complaint was received to the date the complaint was resolved

Student Notification about Complaints Process & Student Rights

Students are informed about the complaints process and their student rights in the following ways:

    • Student Orientation Session
    • Student Handbook
    • Website

Consumer Rights

Nothing in this policy limits the rights of students or potential students to take action under Australia's Consumer Protection laws.  The procedures set out in this policy do not replace or modify procedures or any other responsibilities which may arise under statute or any other law.  In addition, these complaint resolution procedures do not circumscribe an individual's rights to pursue other legal remedies.

Complaints as Action for Improvement and Addressing Matters of Compliance

The CEO monitors the data contained in the Complaints Register as part of internal systems audits. The appropriate Manager provides this information for staff in meetings for review and improvement of services and systems.

If the complaint raised is in direct relation to a service provided by Brighten Institute Australia (BIA), opportunities for improvement are identified as a result of service related complaints which are to be submitted for meetings that include continuous improvement on the agenda. The CEO may follow-up with a student(s) that complained after consideration by the continuous improvement process to inform the complainant of the improvement actions identified and actioned.