Complaints, Appeals and Consumer Protection Policy and Procedure

Owned by Andrew Read (Unlicensed)
Last updated: 20 Mar 2024 by Josephine Gunther
13 min read

OVERVIEW

Table of Contents

Table of Contents

Status

CURRENT

Classification*

PUBLIC

Department

ALL

Review

Mar 11, 2024

Notes

 

PUBLIC-FACING

Information Sheet

Any concern, problem or issue you may have regarding your study with Strategix should first be expressed verbally or in writing to a staff member at Strategix. This is known as an informal complaint. Informal complaints are then escalated to the relevant manager. If applicable, Strategix will meet with you to discuss your complaint and agree on a course of action. If your complaint is not resolved to your satisfaction, you may escalate it to a formal complaint.

Formal Complaints

Formal complaints must be submitted in writing to the Department Manager through either:

If you require help with the formal complaints process, please phone: (07) 3207 9950. Formal complaints should include:

  • Submission date of complaint

  • Your name and contact details

  • Nature of complaint

  • Date of the event which lead to the complaint (if applicable)

  • Any additional relevant documentation (if applicable).

The Department Manager will start the review process of the complaint within 10 working days of receiving the written complaint and, where necessary, will investigate the complaint further, gather additional information, hold a meeting with the complainant and other parties, and/or determine possible solutions. You will be notified in writing of the outcome of the complaint within 20 working days from the date of the formal lodgement.

Internal Appeals

If you are not satisfied with the complaint review process, you may appeal the outcome within 20 working days* of being notified of the outcome. Appeals must be submitted in writing to the National Compliance Manager through either:

Appeals should include:

  • Submission date of appeal

  • Your name and contact details

  • Nature of appeal

  • Any additional relevant documentation (if applicable).

The National Compliance Manager will start the review process of the appeal within 10 working days of receiving the written appeal and, where necessary, may review the reasons for the appeal, gather additional information, hold a meeting with the complainant and other parties and determine if the appeal is valid or not. You will be notified in writing of the outcome of the appeal within 10 working days from receipt of the appeal.

*Any appeals against academic results must be lodged by the student in writing within 30 days for domestic or 20 days for international (from the date of assessment). Academic Appeals are reviewed by a competent and independent assessor.

External Appeals

If you are not satisfied with the final outcome of the appeal, you may refer the matter, at your own cost, to an external organisation which, depending upon the nature of the initial complaint could include:

  • A state and territory office of the Ombudsman

  • The Administrative Appeals Tribunal (Commonwealth)

  • VET Student Loans Ombudsman

  • For international students; the Overseas Student Ombudsman (OSO), except for issues of broader educational quality

  • Australian Council for Private Education and Training (ACPET).

When an external appeals process has been completed, Strategix will implement the decision or recommendations and/or take the preventative or corrective action required and notify the student of the outcome.

If a complainant is still not satisfied with the outcome of either Strategix’s internal appeals process or the external appeals process, they can access multiple external appeals. However, Strategix does not have to assist with finding further appropriate appeals processes.

Note: There may be costs to you and Strategix associated with external appeals (except for Vet Student Loans and international students who may undertake this process at no cost). The Ombudsman is free of charge. The Ombudsman will only consider the complaint if you have already tried to resolve it directly with Strategix.

Withdrawal of Complaint

At any stage in the process, the complainant can withdraw their complaint or appeal.

 

Consumer Protection - NSW - Smart and Skilled Fact Sheet

Strategix has systems and processes to assist students as they progress through their studies, refer to the Student Information Sheets for further details on:

  • Fee Refunds: Obtaining a refund of fees (where/when appropriate/penalty)

  • Complaints, Appeals and Consumer Protection: Contacting Strategix about concerns or issues etc.

  • Learner Support: Internal and external support services

  • Deferrals: Temporarily putting studies on hold

  • Withdrawals and Cancellation: When and how to withdraw from the course

  • Fees and Charges Information: How fees can be paid and recovery of outstanding fees

Students may also refer to the Student Handbook which includes information about Student fees for repeat attempts (re-assessment) and further information for each of the above points.

Strategix has a dedicated Consumer Protection Officer, the contact details are as follows:

  • Name: Jeremy Rota

  • Number: 1300 872 464 (ext. 001).

Information on consumer rights and obligations relating to Smart and Skilled can be obtained through the Departments Smart and Skilled website, the Departments Consumer Protection Strategy and or by calling 1300 772 104.



Complaints, Appeals and Consumer Protection Policy

 

This policy focuses on the management of all informal and formal complaints and appeals. Each are defined as follows:

  • Informal Complaint – A concern, problem or issue that may in the first instance be resolved by discussion with the person or people most directly involved

  • Formal Complaint – An informal complaint which has not been resolved and has been escalated by the complainant (in writing) as a Formal Complaint

  • Appeal – A request to management for a review of a decision. This may be either an Academic Appeal of an assessment outcome or a General Appeal of a decision made. If a student wishes to appeal an outcome of their assessment they may do so as per the procedure.

If the student chooses to access the complaints and appeals processes as per this policy and procedure, Strategix will maintain the student’s enrolment while the complaints and appeals process is ongoing. A complainant may withdraw their complaint or appeal at any stage.

Students who lodge a complaint or appeal are required to maintain standard attendance and progression requirements throughout the complaints and appeals process. The general principles that must be applied to all stages of this procedure are:

  • The complainant and respondent must be given the opportunity to present their case at each stage of the procedure at minimal or no cost

  • Each party may be accompanied or assisted by a support person at any stage

  • The complainant and the respondent must not be discriminated against or victimised

  • A copy of all student correspondence and notes must be recorded on aXcelerate under the note type; ‘Enquiry – Complaints and Appeals’*

  • For a complaint made by a staff member, a copy of all correspondence and notes must be recorded on the staff HR file (not aXcelerate)

  • The complainant is given a written statement of the outcome of the appeal, including the reasons for the outcome

  • All other parties who have used this procedure will have access to the records relating to the complaint (available on request in writing), otherwise all records will be kept confidential.

*If the individual does not currently have a profile in aXcelerate, a profile is to be created for the purpose of recording/handling and future reference of the complaint.

Conflict of Interest

Persons attending to complaints must identify and report any situation where a conflict of interest exists. For example, family members, personal relationships, spouses, business relationships, etc. In these situations the attending person must exclude themselves from involvement.

At any stage in the process (initial contact to elevated stages) where a conflict of interest has been identified, an equivalently qualified and authorised person must assume responsibility to address the claim. Qualified and approved persons may include senior managers, departmental managers or senior team members.

Timeframes Surrounding the Complaint Process

All complaints and requests for an appeal must be acknowledged in writing and finalised as soon as practicable, the timeframes outlined below is the maximum time allowed for each part of the process.

Action

Domestic Students

International Students

Students who are being withdrawn for failing to meet course progress or attendance requirements must access this complaints and appeals process

Within 28 calendar days

Within 20 working days of being advised of Strategix’s intent to cancel

Respond with an acknowledgement of the complaint or appeal once it is received

In timely manner, within 1-2 working days from date of lodgement

Commence the review process

Within 10 working days from the date of lodgement

Finalise the outcome

*As soon as practicable, but within 20 working days from the date of lodgement

Advise complainant of the outcome and their right to access the external appeals process

Within 10 working days of outcome decision

Opportunity for complainant to make a general appeal

Within 20 working days from the date notified of the outcome

Opportunity for complainant to make an academic appeal

30 calendar days from the date notified of the outcome

20 working days from the date notified of the outcome

Implement any decision or recommendation in favour of the student through the internal or external appeals process

Within 30 calendar days

Immediately

*For an international student, the timeframes are mandated by the regulator and must be followed strictly (there is no adjustment allowed for these timeframes). For domestic students, when necessary due to the severity of a complaint or appeal, the time be adjusted as long as the following requirements from the standards are taken into consideration.

Clause 6.4

Where the RTO considers more than 60 calendar days are required to process and finalise the complaint or appeal, the RTO:

a) Informs the complainant or appellant in writing, including reasons why more than 60 calendar days are required

b) Regularly updates the complainant or appellant on the progress of the matter.

Strategix will not report the international student through Provider Registration and International Student Management System (PRISMS) for unsatisfactory course progress or attendance until the international student has accessed the internal and external complaints handling and appeals process, and the decision or recommendation supports the registered provider.

 

Consumer Protection Policy

 

When required, Strategix encourages individuals to access the complaints and appeals process to work through and address any complaints or concerns they have. Strategix has a dedicated Consumer Protection Officer, the contact details are as follows:

  • Name: Jeremy Rota

  • Number: 1300 872 464 (ext. 001)

The NSW Department can assist a consumer (a student, employer or other interested parties) if they need or seek assistance or advice or provide feedback about Strategix. The Department can assist a consumer with a complaint about Strategix or refer them to the appropriate agency, as explained in the Smart and Skilled Consumer Protection Strategy (available on the Training Services NSW website). The Department may be contacted on 1300 772 104.

The Department complements other help available to consumers of VET:

  • National Training Complaints Hotline

  • Fair Trading NSW

  • ASQA

  • Australian Competition and Consumer Commission (ACCC).

 

Complaints, Appeals and Consumer Protection Procedure

 

Steps

Person Responsible

Steps

Person Responsible

1

Informal Complaint and Appeal

Trainer/Assessor, Administrative Assistant, Manager

2

Formal Complaint

Department Manager

3

Review/Processing and Outcome

Department Manager, Senior Manager

4

Internal Appeal

National Compliance Manager

5

Review/Outcome of Appeal

National Compliance Manager, CEO

6

External Appeal

External Reviewer, National Compliance Manager

7

Continuous Improvement Process

Compliance, Department Manager, Senior Management

Informal Complaint and Appeal

Any concern, problem or issue should first be expressed verbally or in writing to a staff member as an informal complaint. Informal complaints expressed by a staff member should be directed to their manager. When necessary, if the complainant is not comfortable discussing their concern with the staff member/s involved, they may seek guidance from another staff member or another manager.

The individual being approached must discuss the issue with the complainant, and agree on a course of action. When appropriate, Senior Management may be briefed on the complaint to advise of or approve the appropriate course action of action. All correspondence must be to be stored on file/aXcelerate.

If the complaint results in a decision that supports the complainant, Strategix will implement any decision and/or corrective and preventative action required and advise the complainant of the outcome.

Every attempt should be made to resolve the complaint through discussion before it is escalated. If the informal complaint cannot be resolved, the complainant has the option to escalate it to a formal complaint.

Formal Complaint

When an informal complaint cannot be resolved the individual has the option to make a formal complaint. Formal complaints must be submitted in writing to the Department Manager through either:

Formal complaints should include:

  • Submission date of complaint

  • Name and contact details of the complainant

  • Nature of complaint

  • Date of the event which lead to the complaint (if applicable)

  • Any additional relevant documentation (if applicable).

Receipt of complaints will be acknowledged in writing and all correspondence to be stored on file. Students who require assistance with the formal complaints process phone: (07) 3207 9950.

Review/Processing and Outcome

Once a complaint is received, it must be acknowledged and actioned as a matter of urgency. All complaints are to be added to the STX Complaints Register.

Review/Processing

The Department Manager must commence the review process within 10 working days of the formal lodgement of the complaint and supporting information. A Senior Manager may be included at any stage of the complaints process if deemed necessary by the manager.

During the review stage the Department Manager:

  • Investigates the complaint further

  • Gathers additional information

  • If necessary, may hold a meeting* with the complainant and other parties

  • Determines possible solutions.

*If a meeting is held, each party may be accompanied or assisted by a support person if they wish. Meeting minutes will be taken and a copy provided to all involved.

Outcome

An outcome must be determined within 20 working days from the date of the formal lodgement. The complainant will be advised in writing of the outcome, including the reasons for the decision within 10 working days of the outcome decision.

If the review process results in a decision that supports the student, Strategix will implement any decision and/or corrective and preventative action required and advise the student of the outcome.

If the review process results in a decision that the complainant is not satisfied with, they have the option to appeal the outcome within 20 working days of the complainant being notified of the outcome.

Internal Appeals

General Appeals

If the complainant believes that procedural fairness has not been followed in any inquiry related to the complaint and/or additional evidence is available and/or that the decision has been unjust given the circumstances in which the incident occurred, an appeal may be lodged within 20 working days.

Academic Appeals

Any appeals against the results of decisions must be lodged by the student in writing within 30 days for domestic or 20 days for international (from the date of assessment).

Submitting Appeal

Appeals must be submitted in writing to the National Compliance Manager through either:

Appeals should include:

  • Submission date of the appeal

  • Name and contact details of the complainant

  • Nature of appeal

  • Any additional relevant documentation (if applicable).

Receipt of appeals is acknowledged in writing, the review process will commence within 10 working days of the formal lodgement of the appeal and additional supporting information.

Review/Processing and Outcome of Appeal

Once an appeal is received, it must be acknowledged and actioned as a matter of urgency.

General Appeals Review/Processing

The National Compliance Manager must commence the review process within 10 working days of the lodgement date of the appeal and supporting information. The CEO may be included at any stage of the appeals process if deemed necessary by the National Compliance Manager.

During the review stage the National Compliance Manager:

  1. Reviews reasons for the appeal

  2. Gathers additional information

  3. If necessary, may hold a meeting* with the complainant and other parties

  4. Determines if the appeal is valid or not.

*If a meeting is held, each party may be accompanied or assisted by a support person if they wish. Meeting minutes must be taken, and a copy provided to all involved.

Academic Appeals Review/Processing

When an Academic Appeal is received, management is deciding on the appropriate assessor to complete a review of the assessment and outcome. Ensure that the decision-maker is independent of the decision being reviewed. An assessor should not consider or decide an appeal against an assessment decision they made.

The allocated assessor reviews the assessment/outcome and determines the appropriate result.

Outcome

For both general and academic appeals, the complainant will be advised in writing of the outcome of their appeal, including the reasons for the decision within 10 working days.

If the review process results in a decision that supports the student, Strategix will implement any decision and/or corrective and preventative action that is required.

If the review process results in a decision that the complainant is not satisfied with or is not in favour of the complainant, the complainant has the option to follow the external appeal process. When notified in writing of the outcome, the complainant must also be informed of their options for access to an appropriate external complaint handling and appeals body.

External Appeal

In most cases, the purpose of the external appeals process is to consider whether Strategix has followed its policies and procedures, rather than make a decision in place of Strategix.

If the student complainant is dissatisfied with the final outcome of the appeal, they may refer the matter, at their own cost, to an external organisation which, depending upon the nature of the initial complaint could include:

  • A state and territory offices of the Ombudsman

  • The Administrative Appeals Tribunal (Commonwealth)

  • VET Student Loans Ombudsman

  • For International Students; The Overseas Student Ombudsman (OSO), (except for issues of broader educational quality)

  • Australian Council for Private Education and Training (ACPET).

When an external appeals process has been completed, Strategix will implement the decision or recommendations and/or take the preventative or corrective action required by the outcomes of the external complaints handling or appeals process, and notify the student of the outcome.

If a complainant is still not satisfied with the outcome of either Strategix’s internal appeals process or the external appeals process, they can access multiple external appeals. However, Strategix does not have to assist with finding further appropriate appeals processes.

Please Note: There may be costs to the complainant and Strategix associated with external appeals (except for Vet Student Loans and International students who may undertake this process at no cost). Students may be accompanied or assisted by another person at this stage (any costs associated will be the responsibility of the student).

The Ombudsman is free of charge. The Ombudsman will only consider the complaint if the student has already tried to resolve it directly with Strategix.

Ombudsman Contact Details

Ombudsman

Contact Details

Queensland

Address:

GPO Box 3314, Brisbane, QLD 4001

Phone:

(07) 3005 7000

Web:

www.ombudsman.qld.gov.au

Queensland Training

Address:

PO Box 15090, City East Qld 4002

Phone:

1800 773 048

Web:

trainingombudsman.qld.gov.au

New South Wales

Address:

Level 24, 580 George Street, Sydney NSW 2000

Phone:

1800 451 524

Web:

www.ombo.nsw.gov.au

South Australia

Address:

PO Box 3651 Rundle Mall SA 5000

Phone:

08 8226 8699

Web:

www.ombudsman.sa.gov.au

Australian Capital Territory (ACT)

Address:

GPO Box 442, Canberra ACT 2601

Phone:

02 5117 3650

Web:

ombudsman.act.gov.au

Victoria

Address:

Level 2 570 Bourke Street, Melbourne, Victoria 3000

Phone:

1800 806 314

Web:

www.ombudsman.vic.gov.au

Northern Territory

Address:

Level 6, NT House, 22 Mitchell Street, Darwin NT 0800

Phone:

1800 806 380

Web:

www.ombudsman.nt.gov.au

Western Australia

Address:

PO Box Z5386, St Georges Terrace, PERTH WA 6831

Phone:

1800 117 000

Web:

www.ombudsman.wa.gov.au

Tasmania

Address:

GPO Box 960, Hobart, TAS 7001

Phone:

1800 001 170

Web:

www.ombudsman.tas.gov.au

Commonwealth - VET Student Loans

Address:

GPO Box 442, Canberra ACT 2601 or your local ombudsman

Phone:

1300 362 072

Web:

www.vet.ombudsman.gov.au

Commonwealth - International Students

Address:

GPO Box 442, Canberra ACT 2601 or a local ombudsman

Phone:

International Phone: +61 2 5117 3600; Local: 1300 362 072

Web:

www.ombudsman.gov.au

 

International Students

An international student will be reported where:

  • The internal and external complaints processes have been completed and the breach has been upheld

  • The international student has chosen not to access the internal complaints and appeals process within the 20-working day period

  • The international student has chosen not to access the external complaints and appeals process

  • The international student withdraws from the internal or external appeals process, by notifying Strategix in writing.

The manager will notify the student immediately and the student will be reported for unsatisfactory course progress as soon as practicable through PRISMS.

Continuous Improvement Process

Strategix is committed to providing quality learning opportunities. Strategix recognises that complaints and appeals are opportunities to improve its service to clients. Therefore, after the complaint has been resolved compliance will undertake a continuous improvement process that includes:

  • Reviewing the details of the complaints and appeals recorded in aXcelerate

  • Reviewing the Complaints and Appeals Policy and Procedures

  • Taking appropriate corrective action to eliminate or mitigate the likelihood of the same problems occurring again in consultation with senior management.

Authority

  • List here

See Funding

Regulatory Documents

  • SNR 1.7, 5.4, 6.1 to 6.1

  • ESOS 8,10

  • S & S - Smart and Skilled – Contract Terms and Conditions, Operating Guidelines, Consumer Protection Strategy and NSW Quality Framework

List the Contract, audit evidence requirements, standards etc. and the applicable section or clause from each document

Approved By

Name here

Details / Decisions: