Consumer Complaints Management Policy and Procedure

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3.2.3 Internal review of complaints Consumers or carers should be offered an internal review if they are dissatisfied with the process used to handle their complaint or if they are dissatisfied with the outcome. • Complaint reviews are handled by relevant senior managers, Executive Directors, the Director General or the Consumer Liaison Officer. • The process is the same as for a standard complaint until the final resolution. • The complaint report and suggested resolution must be submitted to the Director General for approval and to the Consumer Liaison Officer to ensure that the Commission: (i) confines the complaint to a two tier internal review (ii) can be accountable for its internal handling of the complaint. • The Director General signs the response to the complainant. 3.3 Stage 3: External independent review Complaints that are not able to be resolved using the Commission’s complaint processes should be referred to an appropriate external body. Health and Disability Services Complaints Office Under Part 6 of the Disability Services Act the Health and Disability Services Complaints Office (HADSCO) may investigate complaints about disability services, including complaints about non-compliance with the Carers Charter. Complaints must be raised with the Health and Disability Services Complaints Office within two years of the incident/s occurring, unless there is a good reason for the delay. Ombudsman The Ombudsman handles complaints about administrative matters involving State Government departments and statutory authorities. The Ombudsman also assists where a problem spans two or more government departments. Consumer Complaints Management Policy and Procedure December 2011 13
4. Procedural fairness In the resolution of any complaint, the concept of fair play must apply to both the complainant and the respondent. Procedures and practices need to be applied flexibly and adjusted whenever necessary to suit each individual’s circumstances. Accordingly: • decision-makers must act fairly and without bias • those directly involved in the complaint should not act as decision-makers • all parties to the matter should have the opportunity to put their case forward and have all relevant arguments considered before a decision made • if a complainant uses abusive, obscene or threatening language towards a Commission employee, the employee may terminate a conversation or interview, usually after provision of a warning • all persons need to be informed of the basis of a decision, where that decision affects them. 5. Staff support Line managers have responsibility to ensure that staff who are the subject of a complaint receive appropriate information and support. Staff have the right to have a support person present at any stage of the complaints resolution process. They may seek the support of a union representative if they are a member or any other person. Staff may also contact any of the Commission’s nominated support persons for support. Staff, who are the subject of a complaint, are entitled to provide a written response to the complaint coordinator outlining their perspective on the complaint issues. Staff must be advised of investigation progress (not details) and the final outcome. The Commission recognises that some complaints may initially focus on staff actions but eventually can reveal systemic or procedural difficulties needing attention. When investigation of the complaint does not identify any substantiated performance issues involving the staff member, no record of the complaint will be retained on the staff member’s personal file. 6. Confidentiality Confidentiality will be maintained in relation to all aspects of the complaint, within reasonable bounds required to conduct an investigation and facilitate a resolution of the complaint. Information about the complaint should be made known to staff members on a ‘need to know’ basis only. Complaint records will be stored by the Consumer Liaison Officer on confidential complaint files with restricted access, and should not be retained on any other client files. Consumer Complaints Management Policy and Procedure December 2011 14
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Consumer Complaints Management Policy and Procedure

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