Making complaints & appeals

To make a complaint or an appeal, you are requested to complete one of the following electronic forms:

• Complaint Form
• Request for Appeal of a Decision

Once you have completed the required form you are requested to submit this online:

If you are having any difficulty accessing the required form or submitting to us, please contact us at the following number:

(03) 8362 3113

What is a complaint?

A complaint is negative feedback about services or staff which has not been resolved locally. A complaint may be received by Hader Institute of Education in any form and does not need to be formally documented by the complainant in order to be acted on. Complaints may be made by any person but are generally made by learners and/or employers.

What is an appeal?

An appeal is an application by a learner for reconsideration of an unfavourable decision or finding during training and/or assessment. An appeal must be made in writing and specify the particulars of the decision or finding in dispute. Appeals must be submitted to Hader Institute of Education within 28 days of the learner being informed of the decision or finding.

Early resolution of complaints & appeals

In all cases, issues that arise during training and assessment that are the source of frustration or are in dispute should be resolved at the time, as they occur between the persons involved, where possible. Sometimes, it will not be possible and in these cases you are encouraged to come forward and inform us of your concerns with the confidence that you will be treated fairly.

Complaint and appeals handling

Hader Institute of Education applies the following principles to its complaints and appeals handling:

• A complaint or appeal may be received in any form (written, verbal) although persons seeking to make a complaint are recommended to complete the complaint form or request for an appeal of a decision which are available on the Hader Institute of Education website.
• A person who makes a complaint or an appeal must be provided a written acknowledgement as soon as possible and not later than 24 hours from the time the complaint or the appeal is received. The acknowledgement must inform the person that they will receive a written response within 14 days and explain the complaint/appeal handling process and the persons rights and obligations.
• There is no time limitation on a person who is seeking to make a complaint. An appeal however must be made within 28 days of the person being informed of the decision or finding of which they intend to appeal.
• Written records of all complaints / appeals are to be kept by Hader Institute of Education including all details of lodgement, response and resolution. Hader Institute of Education will maintain complaints / appeals register to be used to record the details of the complaint / appeal and to maintain a chronological journal of events during the handling process. Records relating to complaint / appeal handling are stored securely to prevent access to unauthorised personnel.
• A person making a complaint or seeking an appeal is to be provided an opportunity to formally present his or her case at no cost.
• Each person may be accompanied and/or assisted by a support person at any relevant meeting.
• Where a complaint or appeal is made about or involves allegations about another person, Hader Institute of Education is obliged to inform this person about this complaint/appeal or allegation and provide them the opportunity to respond and present information in response to the issues raised. This may be achieved through direct meetings or meeting via an electronic means. Hader Institute of Education will maintain a detailed record of these meetings in the form of a record of conversation. At all times information must be handled sensitively and treated in confidence. Persons involved in a dispute or complaint should be reminded to treat each other with respect and conduct themselves in a professional and courteous manner.
• The handling of a complaint / appeal is to commence within seven (7) working days of the lodgement of the complaint / appeal and all reasonable measures are taken to finalise the process as soon as practicable.
• The person making a complaint or seeking an appeal is to be provided a written response to the complaint / appeal, including details of the reasons for the outcome. A written response must be provided to the person within fourteen (14) days of the lodgement of the complaint / appeal.
• Complaints / appeals must be resolved to a final outcome within sixty (60) days of the complaint / appeal being initially received. Where Hader Institute of Education Chief Executive Officer considers that more than 60 calendar days are required to process and finalise the complaint / appeal, the CEO must inform the person making a complaint or seeking an appeal in writing, including reasons why more than 60 calendar days are required. As a benchmark, Hader Institute of Education will attempt to resolve complaints / appeals as soon as possible. A timeframe to resolve a complaint / appeal within thirty (30) days is considered acceptable and in the best interest of Hader Institute of Education and the person making a complaint or seeking an appeal. A person making a complaint or seeking an appeal should also be provided with regular updates to inform them of the progress of the complaint / appeal handling. Updates should be provided to the person making a complaint or seeking an appeal at a minimum of two (2) weekly intervals.
• Hader Institute of Education shall maintain the enrolment of the person making a complaint or seeking an appeal during the handling process.
• Decisions or outcomes of the complaint / appeal handling process that find in the favour of the person making a complaint or seeking an appeal shall be implemented immediately.
• Complaints / appeals are to be handled in the strictest of confidence. No Hader Institute of Education representative will disclose information to any person without the permission of Hader Institute of Education Chief Executive Officer. A decision to release information to third parties can only to be made after the person making a complaint or seeking an appeal has given permission for this to occur. This permission should be given using the Information Release Form.
• Complaints / appeals are to be considered and handled to ensure the principles of natural justice and procedural fairness are applied at every stage of the handling process. This means that the person making a complaint or seeking an appeal is entitled to be heard with access to all relevant information and with the right of reply. The person making a complaint or seeking an appeal is entitled to have their complaint heard by a person that is without bias and may not be affected by the decision. Finally, the decision must be made based on logical evidence and the decision-maker must take account of relevant considerations, must act for a proper purpose and must not take into account irrelevant considerations.

Informing Persons and Responding to Allegations

Where a complaint involves one person making allegations about another person, it is a requirement for Hader Institute of Education to hear both sides of the matter before making any judgements about how the complaint should be settled. A person who will be affected by a decision made by Hader Institute of Education as a result of a complaint has the right to be fully informed of any allegations and to be provided adequate opportunity to be heard and respond. The person has the right to:

• put forward arguments in their favour,
• show cause why a proposed action should not be taken,
• deny allegations,
• call for evidence to disprove allegations and claims,
• explain allegations or present an innocent explanation, and
• provide mitigating circumstances (information aimed at reducing the severity, seriousness, of something).

Hader Institute of Education also has an obligation to fully consider the substance of allegations and the response provided by parties before making a decision. Decisions must be communicated to the complainant and relevant persons subject of allegations in writing. This is to include advising these persons of their right to seek a third-party review of decisions made by Hader Institute of Education.

Where an allegation is made that involve alleged criminal or illegal activity and it is considered outside the scope and expertise of Hader Institute of Education to investigate the matter, then in these circumstances Hader Institute of Education reserve the right to report these allegations to law enforcement authorities. Persons related to the matter involving alleged criminal or illegal activity will be advised in writing if this course of action is being taken.

Review by an independent third party

Hader Institute of Education provides the opportunity for the person making a complaint or seeking an appeal who is not satisfied with the outcomes of the complaints and appeals handling process to seek a review by an independent person. Before a person seeks a review by an independent person, they are requested to first allow Hader Institute of Education to full consider the nature of the complaint or appeal and to fully respond to the person in writing. If after this has occurred, the person is not satisfied with the outcome, they can then seek a review by an independent person. To request a review by an independent person, the complainant or the person making an appeal should inform the Office Manager of their request who will initiate the process with the Chief Executive Officer.

In these circumstances the Hader Institute of Education Chief Executive Officer will advise of an appropriate party independent of Hader Institute of Education to review the complaint (and its subsequent handling) and provide advice to Hader Institute of Education in regard to the recommended outcomes. The independent third-party is required to respond with their recommendations within fourteen (14) working days of their review being requested.

Where the Hader Institute of Education appoints or engages an appropriate independent person to review a complaint / appeal, the Hader Institute of Education will meet the full cost to facilitate the independent review.

Following an independent review, advice received from the independent person is to be accepted by Hader Institute of Education as final, advised to the person making a complaint or seeking an appeal in writing and implemented without prejudice.

Where a complaint is received by Hader Institute of Education and the Chief Executive Officer feels that they may be bias or there is a perception of bias, then the complaint is to be referred directly to an independent third-party for consideration and response as outlined above.

Unresolved Complaints and Appeals

Where the person making a complaint or seeking an appeal is not satisfied with the handling of the matter by Hader Institute of Education, they have the opportunity for a body that is external to Hader Institute of Education to review his or her complaint or appeal following the internal completion of complaint or appeals process.

Learners who are not satisfied with the process applied by Hader Institute of Education may refer their matter to the following external agencies:

• In relation to consumer related issues, you may refer their complaint to the state or territory Consumer Affairs Victoria.
• In relation to the delivery of training and assessment services, the person may refer their complaint to the National Training Complaints Service via the following phone number: 13 38 73 or visit the website at https://www.dese.gov.au/national-training-complaints-hotline
• In relation to the delivery of training and assessment services by the RTO, you may refer their complaint to the national regulator ASQA via the following link: https://www.asqa.gov.au/complaints/complaints-about-training-providers
• In relation to matters relating to privacy, you may refer their complaint to the Office of the Australian Information Commissioner via the following details: https://www.oaic.gov.au or call on 1300 363 992

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