2018-06-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   12 JUNE 2018




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                         12 JUNE 2018

            ORGANISATIONAL PROCEDURE - ADMINISTRATION ACTION COMPLAINTS PROCESS

            PROCESS FOR MANAGING ADMINISTRATIVE ACTION COMPLAINTS

            Office of Queensland Ombudsman Good Decision Making Guidance
            The below list outlines a ten step guide to good decision making provided by the Office of the
            Queensland Ombudsman. This list should be utilised by Officers when investigating a complaint.
            1.  Maintain a document trail;
            2.  Identify the power to make a decision;
            3.  Consider the authority and suitability of the decision maker;
            4.  Identify all relevant matters;
            5.  Follow procedures;
            6.  Gather all relevant information;
            7.  Provide Procedural Fairness;
            8.  Determine the facts;
            9.  Evaluate the facts to make the decision; and
            10. Give meaningful and accurate reasons for your.decisions.
            Defining an administrative action
            Section 268(2) of the LGA defines an administrative action complaint as one about an
            administrative action of Council by».an affected person, i.e. one who is affected by the
            administrative action.

            An administrative action of a local government includes the following:
               (i)     a decision, a failure to make a decision, including a failure to provide 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; and
               (iv)    the making of a recommendation.
            Examples of administrative action complaints:

            Type of Administrative action                      Complaint examples
            An act or, failure to do an act.                   e  A repeated complaint about the general quality
                                                                  of a park that is not responded to by Council;
                                                               e   Failure to take action after a request has been
                                                                  received to fix a pothole in the complainant's
                                                                  street or other place they regularly travel;
                                                               e   Failure to take appropriate action following a
                                                                   request by an affected person to investigate a
                                                                   barking dog or noisy air conditioner; or
                                                               e  A complaint about a process that Council is
                                                                  undertaking   that   is  impacting   on   the
                                                                  complainant.
            A  decision,  a  failure to  make   a  decision,   e  A complaint in respect of a Council decision to
            including a failure to provide a written statement    vary a service.
            of reasons for a decision.                         e  A complaint in respect of a Council decision to
                                                                  not action a request.
            The formulation of a proposal or intention.        e  Acomplaint in respect of a proposal by Council
                                                                  to take a particular action in the future.
            The making of a recommendation.                    e  A complaint in respect of a recommendation
                                                                  made by Council.

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