ADMINISTRATIVE ACTION COMPLAINTS MANAGEMENT POLICY AND PROCEDURE · Att 1 - Administrative Action Complaints Management Council Policy

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who conduct activities or functions on behalf of Council and are involved in the Administrative
Actions Complaints Management Process.

To be considered an administrative action complaint for the purpose of this Policy, the
complaint must relate to a matter which falls within the definition of an administrative action
complaint. Matters that fall outside the definition of an administrative action complaint, such
as a Request for Service, will not be managed under this Policy or the related Administrative
Action Complaint Management Procedure.

REVIEW

This Policy will be reviewed once per Council term (every four years) or as required from time
to time.

DEFINITIONS

 Term                     Meaning
 Administrative           An administrative action of Council includes:
 Action                         (a) a decision, or a failure to make a decision, including a
                                failure to provide a written
                                statement of reasons for a decision;
                                (b) an act, or a failure to do an act;
                                (c) the formulation of a proposal or intention;
                                (d) the making of a recommendation.

 Administrative           An administrative action complaint as defined in section 268(2) of
 Action Complaint         the Local Government Act (2009); namely a complaint that:
                           (a) is about an administrative action of a local government,
                                including the following, for example ‐
                                     (i) a decision, or a failure to make a decision, including a
                                         failure to provide a written statement of reasons for a
                                         decision;
                                     (ii) an act, or a failure to do an act;
                                     (iii) the formulation of a proposal or intention;
                                     (iv) the making of a recommendation; and
                           (b) is made by an affected person.

 Affected Person          A person who is directly affected by a decision, action or service
                          of Council. A person is not an Affected Person if they only have
                          an intellectual or emotional interest in the subject.

 Complainant              Any person, organisation or their representative making a
                          complaint.

 Complaint                An expression of dissatisfaction.

 Administrative           Council’s process for receiving, assessing, recording, managing,
 Actions Complaint        resolving, and reporting on administrative action complaints
 Management               submitted to Council.
 Process
 Complaint                The system used to manage and record administrative action
 Management               complaints.
 System (CMS)

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 Term                    Meaning
 Council                 Noosa Shire Council.

 Councillors             The Mayor and Councillors of the Noosa Shire Council.

 Customer                Individuals and organisations to whom Council provides services.

 Employees               Means all employees of Noosa Council, whether employed on a
                         permanent, temporary, or part-time basis and includes
                         volunteers, consultants and contractors.

 External Consultant     An external person or organisation appointed to assist a
                         Nominated Reviewer to conduct a Level 2 Complaint Review.

 Nominated Reviewer      The person appointed by the Governance Branch to undertake a
                         Level 2 Complaint Review. The Nominated Reviewer is a person
                         who is independent of the subject of the administrative action
                         complaint.

 Officer                 A Council Employee.

 Request for Service     An individual may request a service of Council which can include,
                         but not limited to:
                             • A missed wheelie bin collection
                             • A request to mow a park
                             • A request to clean a park barbeque
                             • A notification of a barking dog, or
                             • A request to fix a pothole.

 Response Officer        The person who manages and responds to a Level 1 Complaint.

 Unreasonable            Is any behaviour by a person because of its nature and/or
 Complaint Conduct       frequency raises substantial health, safety, resource or equity
                         issues for the parties involved.



COUNCIL POLICY

Three Level Approach

Council implements a structured three-level approach to the management of administrative
action complaints to ensure consistency, fairness, and transparency in handling all matters.

Level                    Explanation
Level 1                  •   Administrative action complaints that have not previously
(Initial Response)           been responded to by Council.
                         •   Informal assessment and response, if appropriate.
                         •   The Response Officer determines a suitable response
                             method (e.g., phone call, meeting, email, letter).
Level 2                  •   Administrative action complaints that have already been
(Internal Review)            responded to at the Level 1.

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Level                    Explanation
                        •   Administrative action complaints where the history or
                            complexity of the matter deem it appropriate for the matter to
                            be escalated directly to a Level 2.
                        •   Reviewed by the Nominated Reviewer.
                        •   Response provided via a Level 2 Complaint Review
                            Response Letter.
Level 3                 •   Administrative action complaints that have already been
(External Review)           responded to by Council at the Level 2.
                        •   Complainant referred by Council to the relevant Complaints
                            Oversight Agency (e.g., QLD Ombudsman’s Office).
                        •   Investigation and response from the relevant Complaint
                            Oversight Agency.


Complaint Management Principles

Council has adopted the following 10 Complaint Management Principles to guide the effective
handling of administrative action complaints. These principles align with the Australian
Standards – Guidelines for complaints management in organisations (AS 10002:2022) and
the Human Rights Act 2019 (Qld), ensuring that our approach reflects best practices and
upholds the rights of all individuals.
When managing administrative action complaints, Council Employees must uphold and apply
the Complaint Management Principles outlined in this Policy.

Principle                Description
Customer Centric       Council recognises and respects everyone’s right to provide
                       feedback and make administrative action complaints.
                       Administrative action complaints are treated with respect,
                       courtesy, dignity and fairness.

Visible &              Council will ensure information about the way administrative action
Transparent            complaints can be made and the types of support available are
                       easy to understand and easily accessible on Council’s website
                       and upon request.

Accessible             Council will provide support to people making an administrative
                       action complaint if needed and consider any special needs of the
                       complainant.

Accountable            Council is accountable, both internally and externally, for
                       administrative action complaints handling performance.
                       Administrative action complaints will be recorded and reported on
                       in accordance with legislative and organisational requirements.

Responsive             Council is committed to resolving administrative action complaints
                       in a way that is proportionate and appropriate to the matter subject
                       of the administrative action complaints. Administrative action
                       complaints will be acknowledged, responded to efficiently, and
                       complainants will be kept informed on the progress of the
                       administrative action complaints.

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Principle                 Description
Objective, Fair &       Administrative action complaints are managed objectively and
Equitable               without bias. The principles of natural justice and procedural
                        fairness are embedded in administrative action complaints
                        management activities.

Confidential            Council respects the confidentiality of personal information about
                        the complainant and others involved in the administrative action
                        complaints. Any personal information collected by Council in
                        relation to an administrative action complaint will be protected in
                        accordance with relevant legislation and Council’s Privacy Policy.

Considerate to          All administrative action complaints will be assessed in
Human Rights            consideration of the human rights of the complainant, pursuant to
                        the Human Rights Act 2019 (Qld), and to determine whether the
                        administrative action complaint matter limits a human right.

Continuous              Administrative action complaints provide an opportunity for
Improvement             identifying improvements to Council services and processes,
                        whether or not an administrative action complaint is upheld.
                        Administrative action complaint data will be regularly reviewed and
                        analysed to understand performance and drive improvement.

Employee Training       Council trains and educates employees to manage administrative
& Support               action complaints in accordance with Council’s Administrative
                        Action Complaint Management Policy and Procedure.


How to Submit an Administrative Action Complaint

Complainants may submit an administrative action complaint by completing a Complaint
Submission Form available on Council’s website – Here

If a Complainant is unable to access or complete the Complaint Submission Form via
Council’s website, they may submit their administrative action complaints using one of the
following alternative methods:

   •   By Telephone: (07) 5329 6500
   •   By Post: PO Box 141, Tewantin QLD 4565
   •   By Email: [email protected]
   •   In Person: Council Administration Building at 9 Pelican St, Tewantin QLD 4565.

Assistance

Council is committed to supporting complainants throughout the submission process and will
provide reasonable assistance where required. This may include:

   •   Arranging interpreter services for individuals with language barriers
   •   Providing support for people with hearing or vision impairments
   •   Assisting individuals experiencing literacy difficulties or other barriers that may prevent
       them from lodging a complaint.

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Administrative action complaints are received with sensitivity, with consideration to any special
needs of the Complainant.

The provision of assistance does not extend to:

   •   Drafting or preparing a complaint on behalf of a complainant
   •   Acting as an advocate for a complainant
   •   Providing technical advice in relation to the subject matter of the complaint
   •   Providing legal advice or legal representation.

Anonymous Submissions

Complainants may choose to submit an administrative action complaint anonymously. In such
cases:

   •   The Governance Branch will assess whether sufficient information is provided to
       investigate the administrative action complaint.
   •   Actions on anonymous administrative action complaints will depend on the detail
       provided and whether further information is required.

If an anonymous administrative action complaint can proceed through the standard
Administrative Action Complaint Management Process, Council will not be able to inform the
Complainant of the outcome. Insufficient detail may limit Council's ability to fully investigate or
address the issue.

Third Party Submissions

Administrative action complaints submitted on behalf of another person will be accepted,
provided consent is verified.

Consent must be given by the affected person in one of the following ways:

   •   Completing the relevant sections of the Complaint Submission Form, specifying
       whether the response should be directed to the affected person or the person
       submitting the form; or
   •   Providing written consent directly to Council.

Without verified consent, Council cannot proceed with a third-party complaint.

Rights of Complainants

A complainant is entitled to:
   •   Receive an acknowledgment of Council’s receipt of their administrative action
       complaint (unless the complaint is made anonymously).
   •   A prompt and efficient response to their administrative action complaint, in accordance
       with Policy and Procedural timeframes.
   •   Be informed of the progress and outcome of their administrative action complaint in a
       timely manner.
   •   Have their personal details kept confidential, except where disclosure is required by
       law.
   •   A thorough, objective, and impartial review or investigation of their administrative
       action complaint.

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Withdrawal of a Complaint

An administrative action complaint may be withdrawn by the Complainant at any stage during
the complaint management process. An administrative action complaint will be deemed
withdrawn if the Complainant provides a clear indication to the officer managing the
administrative action complaint. Upon withdrawal, Council may cease further action on the
administrative action complaint unless it identifies a need to proceed in the public interest or
due to legislative obligations.

Expectations of Complainants

To ensure administrative action complaints are handled efficiently and effectively, Council
requests that Complainants:
   •   Fully and accurately complete the Complaint Submission Form.
   •   Clearly outline the issues being raised in the administrative action complaint.
   •   Specify the outcome or resolution they are seeking.
   •   Provide all relevant information in a clear, concise and organised format to support the
       administrative action complaint.
   •   Avoid submitting lengthy, complicated, or unnecessary information in the
       administrative action complaint.
   •   Refrain from submitting administrative action complaints that are knowingly false,
       misleading, frivolous, or vexatious.
   •   Cooperate fully with Council’s inquiries or investigations.
   •   Treat Council staff with respect and courtesy throughout the administrative action
       complaint management process.

Unreasonable Conduct and Trivial, Frivolous & Vexatious Complaints

When a complainant engages in Unreasonable Complaint Conduct (UCC) or submits
administrative action complaints deemed trivial, frivolous, or vexatious, Council may impose
reasonable and proportionate limits, conditions, or restrictions to manage the situation
appropriately and may, where justified, refuse to investigate or discontinue an investigation.

UCC or Trivial, Frivolous or Vexatious Complaints may include, but are not limited to:
   •   Aggressive or abusive behaviour directed toward Council staff.
   •   Repeated administrative action complaints that lack substance or refusal to accept
       reasonable outcomes.
   •   Excessive or disproportionate demands on Council resources in relation to the issue
       raised.
   •   Administrative action complaints made with malicious intent or no genuine attempt to
       resolve an issue.
   •   Administrative action complaints that are excessively long, unclear, or unnecessarily
       complicated.

Actions Council may take include, but are not limited to:
   •   Limiting further engagement with the Complainant on the matter.
   •   Applying conditions or restrictions to future administrative action complaints submitted
       by the Complainant.
   •   Redirecting communication through a nominated officer or channel.
   •   Requesting that the complainant resubmit their complaint in a more concise and
       focused manner.
   •   Refusing to investigate or discontinuing an investigation.

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These measures ensure Council resources are directed toward addressing legitimate and
substantive concerns while maintaining fairness, safety, and respect in its administrative
action complaint management processes.


ROLES AND RESPONSIBILITIES

Role                    Responsibilities
Councillors              • Adopt Council’s Administrative Action Complaints
                           Management Policy and associated Procedure.
                         • Direct Complainants who approach them with administrative
                           action complaints to the appropriate channels, as outlined in
                           the Administrative Actions Management Policy, or refer them
                           to the Governance Branch for further assistance.

Chief Executive         •   Ensure strategic oversight and accountability for the
Officer                     implementation of the Administrative Action Complaints
                            Management Policy and Procedure.
                        •   Review and respond to Level 2 Complaints as the
                            "Nominated Reviewer," if nominated, as outlined in the
                            Administrative Actions Complaints Management Procedure.

Directors               •   Oversee the implementation and monitoring of operational
                            improvements identified through the complaint management
                            process.
                        •   Review and respond to Level 2 Complaints, as the
                            "Nominated Reviewer," if nominated, as outlined in the
                            Administrative Actions Complaints Management Procedure.

Managers                •   Manage administrative action complaints relevant to their
                            branch or service, as outlined in the Administrative Actions
                            Complaint Management Procedure.
                        •   Oversee the implementation and monitoring of operational
                            improvements identified through the complaint management
                            process.
                        •   Review and respond to Level 1 and/or 2 Complaints, as the
                            "Nominated Reviewer," if nominated, as outlined in the
                            Administrative Actions Complaint Management Procedure.

Council Officers        •   Assist customers wishing to lodge an administrative action
                            complaint.
                        •   Report complaints received at the operational branch level to
                            the Governance Branch for recording.
                        •   Assist with administrative action complaint-related activities
                            upon request.

Customer Service        •   Provide advice to customers on how to lodge an
Officer                     administrative action complaint.

Governance Branch       •   Assess, process, and triage administrative action complaints,
                            as outlined in the Administrative Actions Complaints
                            Management Procedure.
                        •   Maintain the centralised Administrative Action Complaint

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Role                           Responsibilities
                                   Management Register.
                               •   Develop and maintain policies, procedures, guides,
                                   templates, and example documents to support administrative
                                   action complaint management.
                               •   Provide training and education to employees on
                                   administrative action complaint management.


RELEVANT LEGISLATION

•     Human Rights Act 2019
•     Information Privacy Act 2009
•     Local Government Act 2009
•     Local Government Regulation 2012
•     Ombudsman Act 2001
•     Public Interest Disclosure Act 2010
•     Public Records Act 2002
•     Public Sector Ethics Act 1994
•     Right to Information Act 2009


ASSOCIATED DOCUMENTS

•     Australian Standard AS/NSZ 10002:2022
•     Administrative Action Complaints Management Process Council Procedure
•     Council Employee Code of Conduct
•     Council Governance Framework
•     Council Human Rights Policy
•     Council Privacy Policy

HUMAN RIGHTS STATEMENT

In developing this Policy, the subject matter has been considered in accordance with the
requirements of the Human Rights Act 2019 (QLD). It is considered that the subject matter does
not conflict with any human rights and supports a human rights approach to decision making by
Council.

Council representatives will endeavour to act and make decisions under this Policy in a manner
that is compatible with human rights. In particular, representatives will endeavour to:
    a) Identify relevant human rights which may be affected by the action or decision;
    b) Give proper consideration to the impact of its actions and decisions on human rights;
         and
    c) Ensure that any conduct or decision by Council which limits an individual’s human rights
         is reasonable and justifiable.

    This Policy should be read in conjunction with Council’s Human Rights Policy.

Version control:
Version      Reason/ Trigger         Change (Y/N)     Endorsed/ Reviewed by    Date
1.0          Creation                N                Noosa Council            29/05/2014
2.0          Review                  Y                Noosa Council            21/06/2018
3.0          Full Review             Y                Noosa Council            X